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Georgia Wills, Trusts and Estate Planning Blog

News and Thoughts on Issues in Georgia regarding Wills, Advance Directives, Living Wills, Healthcare Powers of Attorney, Guardianship, Probate and more.
By Stephen Worrall

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Last Entry: October 04, 2009 at 14:31:00

Legal Planning that Every Parent Should Know About : 10 More Things Parents Need to Know About Legal Planning

Posted on October 04, 2009
The following series of posts contain articles posted at Kaboose.com, featuring an interview with my colleague and fellow Personal Family Lawyer, Kimberly Hegwood. If you have any questions or want to speak with me about these issues, please call me....

Legal Planning that Every Parent Should Know About : Scenario 4- Picking the Best Person for the Job

Posted on October 03, 2009
The following series of posts contain articles posted at Kaboose.com, featuring an interview with my colleague and fellow Personal Family Lawyer, Kimberly Hegwood. If you have any questions or want to speak with me about these issues, please call me....

Legal Planning that Every Parent Should Know About : Scenario 3- Outdated Wills

Posted on October 02, 2009
The following series of posts contain articles posted at Kaboose.com, featuring an interview with my colleague and fellow Personal Family Lawyer, Kimberly Hegwood. If you have any questions or want to speak with me about these issues, please call me....

Legal Planning that Every Parent Should Know About : Scenario 2 - Far Away From Home ;

Posted on October 01, 2009
The following series of posts contain articles posted at Kaboose.com, featuring an interview with my colleague and fellow Personal Family Lawyer, Kimberly Hegwood. If you have any questions or want to speak with me about these issues, please call me....

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Legal Planning that Every Parent Should Know About : Scenario 1 - You Don't Make it Home

Posted on September 30, 2009
The following series of posts contain articles posted at Kaboose.com, featuring an interview with my colleague and fellow Personal Family Lawyer, Kimberly Hegwood. If you have any questions or want to speak with me about these issues, please call me....

8 Questions to Ask Before Hiring an Estate Planning Lawyer

Posted on September 25, 2009
Before hiring a wills & trusts lawyer to guide you, your family or your business, ask these questions to ensure that you don?t end up paying a whole lot of money for services that are not what you need, expect...

Walter Cronkite will details released

Posted on August 30, 2009
Michigan Probate Attorney Andrew Mayoras has written in his blog, The Probate Lawyer Family Feud Blog, details of yet another celebrity death, this time Walter Cronkite. As Andrew notes, one of the big drawbacks to relying on a will (instead...

5 Legal Documents Every Dad Must Know About & How to Make Sure They Don?t Fail

Posted on August 24, 2009
The author of the following article, Alexis Martin Neely, was featured in an interview on Good Morning America this morning. She had some important information that all parents need to hear: ***Featured on Good Morning America*** Becoming a dad is...

How to Leave Behind a Legacy?Not Regrets

Posted on August 17, 2009
By: Alexis Martin Neely Another story of failed legal planning hit the news this week, as a single mother from California died during the birth of her fourth child leaving behind four little ones and no guardianship directives. To complicate...

Have your parents made their financial plans?

Posted on July 31, 2009
The following article, by guest columnist Frank Bevenour, of Edward Jones in Rincon,appeared this week in the Effingham Herald, in the Savannah, Georgia area: As an adult, you?re fortunate if you still have your parents. However, as they get older,...

Georgia Attorney Says Michael Jackson Custody Battle a ?Dire Wakeup Call? for Unprepared Parents

Posted on July 04, 2009
Georgia estate planning attorney Stephen Worrall is urging parents across the state to re-evaluate the status of their estate plans should they suddenly die or find themselves unable to care for their kids. Worrall says free websites such as www.gakidsprotectionplan...

Celebrities Die Just Like the Rest of Us

Posted on July 04, 2009
My colleague and fellow estate planning attorney and blogger, Jennifer N. Sawday, of the California Estate Planning Blog and the law firm of Tredway, Lumsdaine & Doyle, LLP has written a post on the recent deaths of Michael Jackson, Farrah...

Michael Jackson's Will Filed with Court Today

Posted on July 01, 2009
David Shulman of the South Florida Estate Planning Law Blog has posted an excellent, concise and very timely discussion of, and a link to, the Last Will and Testament of Michael Jackson. As I have posted before, we can show...

Providing for Your Pet's Future Without You

Posted on June 18, 2009
The Humane Society of the United States has an excellent guide to providing for pets in estate plans. A link to their guide is shown below. ================================================================================= Knowing that pets usually have shorter lifespans than humans, you may have planned...

Money Matters: Don't avoid estate planning

Posted on June 08, 2009
The following article is written by Elaine B. Morgillo and appears in SeacoastOnline.com Some people think of estate planning as simply drawing up a will or perhaps creating a trust, but there's much more to it than that. An estate...

Wall Street Journal says "If you have assets, use a trust"

Posted on June 07, 2009
Thanks to Portland, Oregon, estate planning attorney and fellow Personal Family Lawyer Candice Aiston for the following post which appeared in her Oregon Estate Planning Blog this week: Stacey L. Bradford has put out "The Wall Street Journal Financial Guide...

Estate Planning: A Three-Step Strategy

Posted on April 07, 2009
What is Estate Planning? Many goals are accomplished through the estate planning process. The best definition for estate planning that we've discovered is "I want to plan for me to maintain control of my estate while I'm alive and well,...

The Truth About Estate Planning

Posted on April 04, 2009
Most people have some idea what estate planning is about, but much of what they "know" is actually false! Before we work with clients, we want them to recognize that the "truth" about estate planning is probably different than they...

Who Gets Your Facebook Page When You Die?

Posted on March 15, 2009
Sharon Gaudin has written an article, published online on ComputerWorld, which asks the questions: When people plan for their death, they make sure their homes, cars and money are left to someone. But what about their Facebook page? A San...

Living Trusts - FAQ's

Posted on March 15, 2009
Q: What is Probate and why does everyone want to avoid it? When a loved one passes away, his or her estate often goes through a court-managed process called probate or estate administration where the assets of the deceased are...

The Most Important Letter of Your Life

Posted on February 08, 2009
The following article appeared in Weekly Leader and was written by Mario Vittone. At our law firm, our clients record "Priceless Conversations" as a similar means of passing on more than their financial wealth; their uniquely personal human, intellectual and...

Living Trusts: Do They Protect Your Assets From Creditors?

Posted on October 24, 2008
The following is an article written by Phil Craig, an attorney in California: ============================================================= A surprising number of readers want to know?Can a living trust protect my family?s assets from creditorsand lawsuits?? I think there are some promoters out there...

Kelli Wolk for Cobb County Probate Court Judge

Posted on October 22, 2008
The Leadership Committee of the Georgia Association of Women Lawyers featured Cobb County attorney and candidate for Cobb County Probate Judge, Kelli L. Wolk, in its Leadership Spotlight: This month?s leadership spotlight is on Kelli L. Wolk. Kelli is a...

Avoid 7 common mistakes with trusts

Posted on October 20, 2008
Many people use revocable or living trusts in their estate plans. Living trusts are very powerful planning tools you can use for all kinds of purposes. Trusts can avoid probate, protect your beneficiaries from their creditors or divorcing spouses and...

$250,000 FDIC insurance makes trusts very attractive

Posted on October 20, 2008
There are good reasons and bad reasons for setting up a funded revocable living trust. Here is one of the better reasons: FDIC insurance has been increased and now covers each beneficiary's interest in an RLT up to $250,000 each....

Planning For Life

Posted on October 14, 2008
Why You Need A Membership Program NOW You have changes in your life, the law changes, and your assets change. If you don?t update your estate plan, then at the end of your life, your planning documents may be totally...

Our Estate Planning Process

Posted on October 14, 2008
Our Process Our process is designed to minimize confusion. There are three meetings. The Initial Meeting The initial meeting has two potential parts. The first part is a review of your current plan (or the State of Georgia's plan for...

How Our Law Firm is Different

Posted on October 14, 2008
Explaining to you how we?re different requires an explanation of what the ?traditional? experience with a lawyer is like. If you?ve worked with a lawyer to prepare estate planning documents for you in the past, this will sound familiar. During...

What it means to be a Personal Family Lawyer

Posted on October 14, 2008
In the following series of posts, I will explain in more detail what it means to be and to work with a Personal Family Lawyer and how it differs from the experienc of being or working with a traditional estate...

Protect Your Children In Case You Die

Posted on October 14, 2008
Kids Protection Plan InformationWhat if you are seriously injured in a car accident while driving your children to swimming lessons? What if your spouse is out of town and you are rushed to the emergency room?Who will ensure that your...

11 Things to Ask Before Hiring an Estate Planning Lawyer

Posted on October 11, 2008
These are the 11 things you should ask before engaging an estate planning lawyer to help you plan for the well-being of your money, your family and your life. Do you prepare a comprehensive plan for my kids? care if...

Late breaking news from FDIC insurance and trusts

Posted on October 11, 2008
Deposit Insurance Coverage Changes to FDIC Deposit Insurance Rules for Revocable Trust Accounts FIL-99-2008Revised as of October 8, 2008Summary: The FDIC has adopted an interim regulation simplifying the rules for insuring revocable trust accounts - commonly known as payable-on-death accounts...

Have Your Parents Planned For Your Protection?

Posted on October 10, 2008
The following is another article written by Personal Family Lawyer and founder of the Family Wealth Planning Institute, Alexis Martin Neely: When your parents die, you are the one who will be responsible for taking care of everything they leave...

Other Facts About Estate Settlement

Posted on October 10, 2008
You also should be aware of the other procedures involved in estate settlement. Here is a quick review of some of them. Your attorney, as well as the organizations mentioned, can provide more details. Transferring property When thinking about transferring...

Will or Living Trust?

Posted on October 10, 2008
You have two basic choices for transferring your assets on your death: the will, which is the standard method, and the living trust, which is rapidly growing in popularity. If you die without either a will or a living trust,...

Fundamental Questions

Posted on October 10, 2008
Because estate planning is not just about reducing taxes but also about making sure your assets are distributed as you wish both now and after you're gone, you need to consider three questions before you begin your estate planning. Who...

Estate Planning Basics

Posted on October 10, 2008
When you hear the phrase "estate planning," the first thought that comes to mind may be taxes. But estate planning is about more than just reducing taxes. It's about ensuring your assets are distributed according to your wishes. That's why,...

The Gift of A Lifetime Trust

Posted on October 10, 2008
A Lifetime Trust is and extremely valuable benefit that only you can give to your heirs. By holding assets in a trust for the lifetime of the beneficiary, you ensure that the inheritance is protected from lawsuits, spouses upon divorce...

If You Need Help, Don't Be Afraid To Ask

Posted on October 08, 2008
I?ve been thinking a lot about how I can most add value during this time of financial turmoil. It?s been weighing on my mind. I?m not worried about the economy. I know it will bounce back. What I?m worried about...

Family Financial Freedom Notebook

Posted on October 08, 2008
The following article is written by America's Personal Family Lawyer, Alexis Martin Neely, founder of the Family Wealth Planning Institute: Lots of people are wondering, what do I do know that the economy appears to be melting down? First and...

Choose the Right Trust Plan for Your Will

Posted on October 08, 2008
All trusts aren't alike. When you put a trust in your will, it should be drafted precisely in order to satisfy your wishes and goals. Just any old boilerplate text or preprinted legal form won't do.You may have one or...

Put Some Kick Into Your Estate Plan by Using Trusts

Posted on October 08, 2008
Are you looking for new ways to protect your family and your money? Would you like to cut estate taxes and probate costs, too?Trusts can be the answer. They are remarkably versatile and can broaden your estate plan. While not...

A Living Trust Could Be the Key to Your Estate Plan

Posted on October 08, 2008
There seems to be quite a bit of discussion these days on the subject of a living trust as an estate planning tool. But what is a living trust? What are its advantages? And how can a living trust fit...

Should You Create a Joint Trust?

Posted on October 08, 2008
If you're married, perhaps you and your spouse are thinking about setting up living trusts. If so, you might ask, "Can't we have just one living trust for the two of us?" Is a joint trust a good idea? How...

Discover the Flexibility of Living Trusts

Posted on October 08, 2008
A living trust is just what its name implies?a trust you establish while you're living. Living trusts can be "revocable" or "irrevocable," and there are unique characteristics to each. Although it's not normally intended to completely replace a will, a...

A Living Trust? You Don't Need to Be Rich

Posted on October 08, 2008
The term "trust fund" conjures up images of mansions, yachts and huge fortunes. But once the province of the very rich, trusts have found themselves into the lives of many families who've never thought of themselves as wealthy. Trusts come...

Five Benefits of a Living Trust

Posted on October 08, 2008
Living trusts are flexible estate planning tools that can offer you many advantages, five of which are mentioned below: 1. Revocable. Because the needs of family members may change over time, a living trust normally allows you to modify trust...

Getting Started: The Revocable Living Trust

Posted on October 08, 2008
The subject of a living trust as an estate planning tool generates quite a bit of discussion. A living trust is an arrangement you create during your lifetime to provide for yourself and your family both before and after your...

Family Wealth Planning Institute Personal Family Lawyers & Story of My Life Team Up To Preserve 'Priceless Conservations'

Posted on October 06, 2008
The Family Wealth Planning Institute? and Story of My Life� announce a partnership program to capture and preserve "Priceless Conversations?" that clients create when they create their estate plan with a Personal Family Lawyer� law firm. The Story of My...

New FDIC rules for inter vivos trust accounts

Posted on October 03, 2008
On September 26, 2008, the FDIC issued interim final regulations entitled Deposit Insurance Regulations; Living Trust Accounts. The interim rules amend 12 CFR 330 and took effective immediately, pending a sixty day comment period before finalization. Here is a summary...

Financially Preparing for Special-Needs Kids

Posted on October 01, 2008
Sarah Palin's son Trig helps spark a national conversation By Kimberly Palmer Posted September 30, 2008 Sarah Palin's 5-month-old son, Trig, who has Down syndrome, has sparked a national conversation about kids with special needs: the extra care they require,...

The Importance of Estate Planning

Posted on October 01, 2008
It is important for every person to have a proper estate plan in place, but, for a number of reasons, people often have no estate plan at all or, if they have one, it is inadequate. A proper estate plan...

Your Parents, FDIC and Keeping Your Money Safe

Posted on September 25, 2008
Alexis Martin Neely on CNBC On the Money talking powers of attorney, FDIC coverage and more. SOURCE: You Tube and CNBC

If You Really Can't Decide Who to Name As Guardians, Here's What to Do

Posted on September 25, 2008
There are a lot of parents out there who have not named guardians for their kids because they really can't decide.You might be one of them.But, here's the thing. If you don't decide and something happens to you, the decision...

Free Special Report Available! How to Avoid A Hidden Danger Facing Your Children

Posted on September 23, 2008
I am offering a free Special Report, written by Alexis Martin Neely, entitled How to Avoid A Hidden Danger Facing Your Children: Seven Steps Smart Parents Must Take Today For Absolute Peace of Mind. The report also includes an offer...

September Financial Collapse 101

Posted on September 23, 2008
The following article is written fellow Personal Family Lawyer, Victor Medina, of the New Jersey law firm of Medina, Martinez & Castroll, LLC, and author of the New Jersey Estate Planing Blog. September saw the collapse of three major financial...

It pays to learn the ABCs of FDIC

Posted on September 23, 2008
The old line among parents of teens - It's 9 p.m.; do you know where your children are? - has a replacement these days. In the wake of the recent failure of a few banks (including a high-profile closure in...

Frequently Asked Questions About the Administration of an Estate

Posted on September 22, 2008
If I die, will the state get all of my money? This happens very rarely in Georgia. If you have no will and no heirs at law, then there is a chance that your estate will go to the state....

GEORGIA?S LAW ON CARDIOPULMONARY RESUSCITATION (CPR)

Posted on September 22, 2008
There are often many questions about who has the authority to approve orders not to resuscitate a person or to approve a ?No Code.? The law in Georgia is very specific and there are circumstances when regardless of a person?s...

Guidelines for Individual Executors and Trustees

Posted on September 22, 2008
After an individual's death, his or her assets will be gathered, business affairs settled, debts paid, necessary tax returns filed, and assets distributed as the deceased individual (generally referred to as the "decedent") directed. These activities generally will be conducted...

Living Wills, Health Care Proxies, and Advance Health Care Directives

Posted on September 22, 2008
With the increasing ability of medical science to sustain our lives, people are living much longer than ever before. Unfortunately, as we grow older and experience poor health, we may find ourselves in a position where decisions need to be...

Questions Regarding Power-of-Attorney

Posted on September 22, 2008
An important part of lifetime planning is the Power of Attorney. Valid in all states, these documents give one or more persons the power to act on your behalf. The power may be limited to a particular activity (e.g., closing...

Couples face challenges with planning estate for second marriage

Posted on September 17, 2008
Our greatest challenge is planning the estate for second marriage clients. The blended family carries with it a number of competing concerns as we prepare wills and trusts to meet their needs. If the couple is financially sound with adult...

A grave issue of parenting ? writing wills and choosing guardians

Posted on September 16, 2008
The following article, which appeared in the Orange County Register, features an interview with fellow Personal Family Lawyer Darlynn Morgan of The Morgan Law Group in Newport Beach, California. Tips for making sure your children are cared for in the...

Estate Planning: What Every Business Owner Must Have (even if you?re single or broke)

Posted on September 16, 2008
Every business owner needs some basic estate planning documents, even if one who is single with nodependents, or whose business is not ?worth anything? yet. Think of your business, clients, and customers as dependents of a sort that need to...

Two Legal Documents Every Adult Needs No Matter The Size of Your Bank Account

Posted on September 14, 2008
As of your 18th birthday, you became an adult in the eyes of the law. Even though your kids may still act like teenagers (or you may feel like one), in the eyes of the government, turning 18 means you...

Special needs trusts helps provide for disabled children

Posted on September 13, 2008
Nearly all parents of disabled children have worried about the day they won't be around to help care for their sons or daughters, whether the children are 6 or 60.Many families have carefully crafted a living situation for their disabled...

Estate Planning after a Second Marriage

Posted on September 12, 2008
It may be time to review your Will Chances are that you have a Will somewhere that you had drawn up when your children were born. Depending on how long ago that was, you should probably dig it out, review...

Estate Taxes: Not Just For the Rich

Posted on September 11, 2008
You work hard for your money, so who do you want to leave it to when you die ? the government or your kids? Even if you don?t consider yourself ?rich,? you need to know how to protect yourself against...

What Kind of Life Insurance Do You Really Need?

Posted on September 11, 2008
I get massively ticked off when I meet with prospects for a Family Wealth Planning Session and see on their Family Wealth Inventory and Assessment they?ve been sold life insurance they don?t need. Life insurance is critically important for families,....

How Much Life Insurance Do You REALLY Need?

Posted on September 11, 2008
Quite frequently when I?m working with clients, I am asked the question - how much life insurance do I need? Like any good lawyer, my answer is ?it depends.? There?s no set answer. Personally, I have $1,500,000 on my life....

How Much Life Insurance Do You Need?

Posted on September 11, 2008
September is Life Insurance Awareness Month. I will be posting several articles on this subject and the importance of having enough insurance and the right kind of insurance. The following article is about determining how much life insurance you need...

Warning! Your Parents? Estate Plan May Mean Trouble For You

Posted on September 10, 2008
The typical ?estate planning? experience is one in which people go in and meet with an attorney, sign some documents, put them on a shelf or in a drawer, and never look at them again. It?s very likely that IF...

3 Secrets Loving Parents Need to Know

Posted on September 09, 2008
As a parent, the last thing I want if something happens to me is for my children to be put into a situation in which they feel scared, are surrounded by people they don?t know and don?t know just how...

Keep the Government and Lawsuit Happy Opportunists Away From Your Children's Inheritance

Posted on September 08, 2008
I?ll bet your current estate plan leaves your assets to your children outright and unprotected by the time they are 35. If that?s the case, you?ve overlooked an incredibly valuable gift you can give your children (and the rest of...

Wills & Trusts: How Much You Need Before You Die

Posted on September 08, 2008
If you own anything or have any money, believe it or not, you have an estate. And without a plan for when you die, your family could lose all of it. Alexis Martin Neely, legal expert and author of Wear...

Estate Planning, who needs it and why?

Posted on September 07, 2008
California estate planning attorney Mina Sirkin has started a new blog called MomsRules.com. In a recent post, she talked about categories of people who need estate planning more than others: Estate Planning: Not only everyone needs it, but there are...

"Family Wealth Legacy" Stories

Posted on September 07, 2008
As I have posted before, estate planning should be about more than just passing on financial wealth; it should also capture those intangible and uniquely personal, spiritual and intellectual assets such as a person's values, experiences, and thoughts about the...

What Every Mom Needs to Know...to Take Charge of Her Life, Her Children And Her Financial Future

Posted on September 03, 2008
Alexis Martin Neely, a mom and a lawyer, is hosting a free teleseminar for moms because 69% of you don?t have your financial house in order and haven?t even legally named guardians for your kids. And, she is committed to...

8 Tips When Developing Your Estate Plan

Posted on August 30, 2008
You've spent years growing your wealth and building your estate, so it is just good sense to plan to protect your assets and pass them on to your beneficiaries according to your wishes. When you're ready to sit down with...

Don?t Wait to Create Your Own Last Lecture

Posted on August 29, 2008
Randy Pausch died on July 25, 2008. You know Randy because, after being diagnosed with pancreatic cancer and being given a diagnosis of 3-6 months to live, he gave his ?Last Lecture? to a packed classroom at Carnegie Mellon where...

Wills Help to Avoid Confusion, Fights After Death

Posted on August 13, 2008
A few weeks after they married, Joan Koonce?s husband was diagnosed with leukemia. Their marital bliss turned instantly to anxiety and long hours in the hospital. ?We really didn?t have time to think or feel,? Koonce said. ?We just got...

Should You LegalZoom?

Posted on July 31, 2008
The following article is written by Fellow Estate Planning Attorney, Alexis Martin Neely ________________________________________ I have major mixed feelings about LegalZoom. I'm not going to lie, I am mighty impressed by the business acumen of the lawyers who started LegalZoom...

Fresno judge orders woman back on life support

Posted on July 29, 2008
I found the article repinted below in the San Jose Mercury News, about an "End of Life" case going on right now in Fresno. As the title indicates, there are definite parallels to the Terry Schiavo case. The potentially more...

Estate Planning FAQs

Posted on July 27, 2008
Q: Wills vs. Trust. . . why do you say we need both? A. A Will is a legal document that tells a Court how you want your assets to be distributed after your death. If you have over a...

What are Priceless Conversations?

Posted on July 20, 2008
One of the most unique and special parts of my estate planning practice are what are known as "Priceless Conversations." These were the creation of Scott Farnsworth of Sunbridge Legacy. The following is excerpted from an article written by Andrew...

Family Devastated After Tragic Car Accident... Three Boys Spend Time in Foster Care; Family Fighting Leads to Bitter Feud in Public Court

Posted on July 19, 2008
Redondo Beach, CA - On July 31, 2006, the Barber family was in a tragic car accident. Parents Melanie and Casey died. Their family was thrown into a nightmare. This is a true story. Mel and Casey had talked about...

Why I Became A Personal Family Lawyer

Posted on July 18, 2008
I started this blog last year with the intent on making it the go-to resource for Estate Planning, Wills and Trusts in Georgia. Admittedly, I had a hard time finding a focus for it as I struggled with what kind...

Do Your College Age Children Have Healthcare Directives? DO YOU?

Posted on July 18, 2008
We should all protect our families and our assets with legal documents like wills and trusts, but what are our essential needs and what can we do on our own to save on legal fees? Family financial and legal expert,...

Should You Make a Run on the Bank? How the Indy Mac Bank Collapse Affects You

Posted on July 16, 2008
The following article is by author and Family Wealth Planning Institute founder Alexis Martin Neely: First of all, let me start by stating this as loudly and clearly as I possibly can. DO NOT PANIC! If you are an IndyMac...

How Living Trusts Avoid Probate

Posted on July 16, 2008
Here's the lowdown on basic probate-avoiding living trusts. Ask people why they work hard and save their money, and often you'll hear that it's not only because they want to raise their own standard of living; they want to leave...

The Truth About Probate

Posted on July 15, 2008
The (Claimed) Advantages of Probate These are the purported advantages to probate: The court protects the heirs and beneficiaries. Probate cuts off the claims of creditors after a specific period of time The transfer of title is a public record...

ALTERNATIVES TO ADULT GUARDIANSHIP IN GEORGIA

Posted on July 01, 2008
"Caring for the needs and affairs of those incapable of caring for themselves" INTRODUCTION Is the formal appointment of a guardian by the Probate Court necessary to care for or conduct the affairs of an adult who has become incapacitated...

Life Comes at You Fast

Posted on June 27, 2008
The following post is by Texas Personal Family Lawyer Dick T. Brown at his blog: We've all seen those TV ads by Nationwide Insurance. The actor or actress is feeling all secure, then WHAM!!!, something totally unexpected hits like the...

Probate Predators: Some fairy tales hit too close to home

Posted on June 19, 2008
MANY THANKS TO THE COMIC STRIP NON SEQUITOR BY WILEY FOR REMINDING US THAT PROBATE PREDATORS ARE NOT AN UNCOMMON OCCURENCE SOURCE: RussellBuchan.com To avoid this situation for passing your financial assets to your children, please call us to discuss...

Trusts: An Overview

Posted on June 15, 2008
Trusts are estate-planning tools that can replace or supplement wills, as well as help manage property during life. A trust manages the distribution of a person's property by transferring its benefits and obligations to different people. There are many reasons...

Glossary of Estate Planning Terms

Posted on June 14, 2008
A-B Trust - A kind of living trust that, upon the death of the first spouse, divides into two distinct trusts: the Marital/Survivor's Trust and the Credit Shelter/Bypass Trust. Credit Shelter Trust (aka Bypass Trust) - An estate planning tool...

How Do I Choose the Right Guardian for My Children?

Posted on June 12, 2008
Choosing a person or family to care for your children is difficult. In fact, for many families, it?s the hardest part of planning their estate. It?s not easy to think of anyone else, no matter how loving, raising your child....

Estate Settlement Glossary of Terms

Posted on June 10, 2008
Administrator The individual or institution appointed by the court to oversee the settlement of an estate of a person who has died without a will. Alternative Date of Death The executor or trustee of an estate has the option to...

57% of Americans Do Not Have a Will; 69% of Parents Have Not Named Guardians for Their Children

Posted on June 03, 2008
Bankrate, Inc. (Nasdaq: RATE) has published the findings of a national poll which found that 57% of consumers do not have a will. Furthermore, 69% of parents with children under the age of 18 are not prepared with a will....

Alexis Martin Neely on Today Show

Posted on June 03, 2008
Alexis Martin Neely, founder of the Family Wealth Planning Institute and the Personal Family Lawyer (TM) Program, of which I am proud now to be a part, appeared on the Today Show today with information about the needs of parents...

What is Estate Planning?

Posted on June 02, 2008
Estate planning is one of the most important steps any person can take to make sure that their final property and health care wishes are honored, and that loved ones are provided for in their absence. Though often overlooked or...

Advantages of Various Estate Planning Tools

Posted on June 01, 2008
There are a lot of estate planning tools available to you. The following table summarizes the benefits provided by some of the more common estate planning techniques. Talk to your estate planning attorney for the details. (Note: For definitions of...

Tax-Saving AB Trusts

Posted on May 14, 2008
Couples can save a bundle on estate taxes with this kind of trust. First, the good news: Most people don't need to think about federal estate tax, which kicks in only when someone dies owning a very large amount of...

Georgia Estate Planning and Probate Law: Why Do I Need a Will?

Posted on May 13, 2008
Introduction Few people enjoy estate planning. This is one reason so many lawyers die without wills. Estate planning is uncomfortable, but you should consider it a labor of love for your family and friends. What you do or fail to...

ESTATE PLANNING LAW

Posted on May 13, 2008
Life Advice - Planning Your Estate A primary purpose of estate planning is to distribute your assets according to your wishes after your death. Successful estate planning transfers your assets to your beneficiaries quickly and usually with minimal tax consequences...

Estate Planning in Georgia

Posted on May 09, 2008
You can save a lot of money and potential chaos and hard feelings among those closest to you by preplanning how you want your assets managed when you are incapacitated, and how your property will be divided at your death....

Power of Attorney

Posted on May 03, 2008
What is a power of attorney? A power of attorney is a document authorizing someone else (agent) to act on your behalf. The purpose of giving someone such a power is to enable the agent to act on your behalf...

Pet Trusts

Posted on May 03, 2008
One needn?t be surprised to learn that 16 US states have passed laws that allow pet owners to set up a pet trust fund to look after Mew-Mew or Bark-Bark after the owner has died. While establishing a pet trust...

Do I Need an Estate Planning Attorney?

Posted on May 03, 2008
If you care about who inherits your assets, your future healthcare should you become incapacitated, or avoiding the hassles of a probate court, then you should have an estate plan. An estate plan is no longer reserved for the wealthy...

Estate Planning Vocabulary

Posted on May 03, 2008
Charitable Remainder Trust: A trust in which property or money is donated to a charity but the grantor continues to use the property and/or receive income from it while living Conservator: A court order that some property or a person...

Estate Planning and Divorce

Posted on April 04, 2008
Leanna Hamill of the Massachusetts Estate Planning and Elder Law Blog has recently posted two useful and informative articles (Part 1 and Part 2) about Estate Planning and Divorce, which I have combined in this post: If you are separated...

Guardianship: Making the Right Choices

Posted on April 01, 2008
Parents of children who have disabilities have many issues to worry about. Perhaps one of the greatest is who is going to look out for and protect their child when they are no longer able to do so? When thinking...

Fido, Stay! With Me! Pet Trusts and Pet Protection Documents

Posted on March 26, 2008
The first question in pet protection documents is ?who owns the pet?? Why is that so important? Well, get divorced or split from your domestic partner or roommate and see! Because pets are classified as property in the eyes of...

Mistress battles Cobb millionaire's kin over estate

Posted on February 11, 2008
Cobb County millionaire Harvey Strother had three weeks to live when his mistress wheeled him into his lawyer's office to change his will one last time. Strother, 77 and fading fast, was drinking a gallon or more of wine a day, according to court testimony...

Many boomers favor comfortable retirement over leaving wealth to heirs

Posted on December 12, 2007
By MARSHALL ECKBLADDow Jones NewswiresPublished on: 12/11/07 New York ? The greatest transfer of wealth in history may end up leaving heirs disappointed ? and could mean big changes for financial advisers. As "mass-affluent" boomer millionaires, or baby boomers worth around a few million dollars, start to turn 65, forecasts and patterns in their retirement planning suggest that many may leave little or no substantial wealth to their children...

Ten Things to Think About: Choosing a Guardian for Your Child

Posted on November 19, 2007
Having children adds an new and extremely important dimension to estate planning. If all of a child's legal parents are dead or incapacitated, and never made arrangements for such an emergency, the child will have to be placed with a new family. This is an extremely disruptive process for the child, even if the new family are grandparents or other relatives...

Writing Your Will

Posted on November 13, 2007
Everyone knows you should have a will, but apparently more than half of us haven?t gotten around to it yet. Here is some information that might convince you to get it done. Why should I go to the trouble of writing a will? A will lets you control what happens to your property...

Wills in Georgia

Posted on November 09, 2007
RequirementsBasic Requirements for a Georgia Last Will and Testament: Age: The testator must be at least 14 years old. Capacity: The testator must be of sound (capable of reasoning and making decisions) mind and memory. Signature: A Georgia last will and testament must be in writing and must be signed by the testator or by some other individual in the testator's presence and at the testator's express direction...

Georgia Wills: A Fact Sheet

Posted on November 09, 2007
What is a Will? A will is a document that you use to say what you want to have happen to your property after you die. A person making a will is called a "testator." What happens if I die without a will? If you die without a will, your property will be distributed according to Georgia's intestate law...

Guardianship of Minors

Posted on November 06, 2007
The judge of the probate court of the county of the domicile of a minor having no guardian has the power to appoint a temporary or permanent guardian of person and/or conservator of property, or both, of such minor. If the minor is over 14 years of age before the guardian is appointed, the judge of the probate court is required to follow any selection made by the minor, provided the selection is a judicious one...

Georgia Advance Directive for Health Care

Posted on October 29, 2007
The General Assembly passed a new Advance Directive for Health Care Act, which was signed by Gov. Sonny Perdue. House Bill 24 is designed to provide for an advance directive for health care, which combines provisions of a living will and a durable power of attorney for health care...

Choosing the Executor

Posted on October 27, 2007
Who will be the person or institution responsible for administering your estate through probate? [This article] spells out what the executor does, but the most important thing is that you pick someone who is financially responsible, stable, and trustworthy...

Estate Administration

Posted on October 27, 2007
Whenever a person dies, his or her estate needs to be collected, managed, and distributed. Estate administration involves gathering the assets of the estate, paying the decedent's debts, and distributing the assets that remain in the estate. In recent years, state legislatures have attempted to reduce the complexity of estate administration...

Estate Planning & Probate Dictionary

Posted on October 27, 2007
Following is an explanation of commonly used words and phrases related to estate planning and probate. AB Trust - A trust designed to make sure the personal estate tax exemption of each spouse (currently $1.5 million) is used to the fullest extent possible, while allowing the surviving spouse to have use of the assets of the deceased spouse during the remainder of the surviving spouse's lifetime...