Wills & Estate Planning

We offer an Estate Planning Package designed to meet the needs of most individuals.The estate planning package consists of:

• Will
• Living Will (advance directive)
• Power of Attorney
• Durable Healthcare Power of Attorney

You , Yes You! Need a Will
Wills are not only for the well-to-do, they are important for all adults who are interested in ensuring that their wishes are respected upon death, and that their estates pass to their loved ones as quickly, as painlessly and as intact as possible. Every adult should have a will. Whether you have a lot or a little, children or no children, you should have a will.

Dying without a will (also referred to as dying “intestate”) means that the law decides who receives what out of your estate. In Georgia, your surviving spouse and children, if any, would share the estate, subject to some limitations. Dying intestate creates additional costs in probating your estate, plus you do not  get to decide who shares in your estate or make provisions for family members.  In short, having a will means “you” decide.

A will  lets you choose who will manage and settle your estate according to the law and your desires expressed in your will. Without a will, your beneficiaries would have to petition the court for an administrator to serve, petition the court for permission to sell your property and/or liquidate your assets, and post a bond, all of  which can be expensive and invite disagreement.

Subsequent Marriage, Divorce and/or Children

With many people today in second and third marriages, a will with appropriate trust provisions may be helpful in ensuring that your assets ultimately pass to your children after being available for support of your surviving spouse. Without a will restricting those assets, the surviving spouse could be free to leave a portion of those assets at his or her death to whomever he or she pleases such as a new spouse or children from another relationship.  If you are not legally married and/or have no children, your assets could end up going to an unknown next-of-kin, if that person is the nearest living blood relative.

How Long is a Will Valid?

The mere passage of time has no effect on the validity of the will. Since a will does not take affect until you pass away, you may make changes to your will at any time without notice or approval from the beneficiaries, but the changes must be executed with the same formalities as the will itself.  You should review your will every two to three years, and at major life changes, such as marriage, divorce, the birth or adoption of a child or a substantial increase in assets. 

Who Should Prepare a Will?

Did you know that not all assets are required to be probated.  Drafting a will involves making decisions requiring professional judgment which can be obtained only by years of training, experience and study. Only a practicing lawyer can avoid the innumerable pitfalls and advise the course best suited for each situation to ensure that your wishes are respected. You should avoid using do-it-yourself kits or Internet templates, as they may create many problems.

Death and Taxes!

As the saying goes, there are two things that are for sure, Death and Taxes!  Estate taxes can be excruciating.  The top rate for individuals dying in 2006 is up to  46 %. Without a properly structured will, after your death, relatively few options may be available to reduce estate taxes.

What is a Living Will?

You have the right to control all aspects of your personal care and medical treatment, but if you become disabled, incapacitated or incompetent, someone else will need to make those decisions on your behalf. The state of Georgia recognizes the right of a competent adult person to make a written directive, known as a living will, instructing his physician to withhold or withdraw life-sustaining procedures in the event of a terminal condition, coma and/or vegetative state. Living wills and durable powers of attorney for health care may be used to specify your wishes regarding your health care matters and whether you want life support if you are in a condition to require it. There are certain specific limitations on the contents, execution and witnessing of a living will. You should consult a lawyer if you wish to have one prepared.

Some recent cases, particularly the Terry Schiavo case in Florida, highlighted the importance of living wills and advance health care directives. At the time of her death in March 2005, Ms. Schiavo, who did not have a living will, had been under constant care for nearly 15 years after suffering extensive brain damage in 1990. Parties for both sides spent hundreds of thousands of dollars in legal fees and invested years in heart-wrenching litigation over whether the feeding tube keeping Ms. Schiavo alive.

What is a Durable Power of Attorney for Health Care?

A durable power of attorney for health care is a document which allows you to authorize another person (called an agent) to act on your behalf in matters relating to your personal care, medical treatment, hospitalization, and health care. These powers include an authorization to require, withhold, or withdraw any type of medical treatment or procedure. This power of attorney is called "durable" because it continues to be effective (and in some cases can only be effective) upon your disability, incapacity or incompetency. Unlike a living will, which generally only applies to end-of-life decisions, a health care power of attorney may apply to a number of lesser, non-life threatening situations in which a medical care decision must be made.

Why Do I Need a Lawyer to Create these Documents?

Georgia law provides standard forms for living wills and health care powers of attorney and you do not have to have a lawyer prepare them for you. Many hospitals and health care providers have educational materials and standard forms available. However, many of the provisions are technical and can be somewhat confusing. A lawyer can assist you with an explanation of the terms and requirements of the documents to ensure your wishes are reflected.