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Estate Planning entails making arrangements for the administration and disposition of a person's estate while they're alive and upon death. In Atlanta, United States, these preparations primarily involve drafting legal documents like Wills, Trusts, Durable Power of Attorneys, and the Advance Directive for Health Care. These legal structures ensure that property, family members, businesses, and personal wishes are legally protected and executed upon the individual's incapacitation or death.
While relatively simple Estate Plans can sometimes be created without an attorney, for most people, it's safer to consult with a legal professional familiar with Atlanta's Estate Laws. Situations justifying an attorney's assistance include owning a substantial amount of real estate, having a large estate for estate tax purposes, desiring to disinherit a spouse or child, anticipation of an unhappy family member contesting the Will or Trust, or to help navigate the complicated Estate Planning laws of Atlanta.
Atlanta, Georgia recognizes the legal document called a 'self-proving will', which simplifies the probate process. The state also has a simplified probate process for small estates. Georgia's estate tax conforms to federal estate tax laws, and thus currently does not impose any estate tax due to changes in the federal estate tax laws. Importantly, Georgia also allows for 'per stirpes' distribution, meaning if a beneficiary predeceases the testator, their share goes to their descendants.
The Last Will and Testament is regarded as the most fundamental document. This legal document directs who will receive your property upon your death and appoints a legal representative to carry out your wishes.
Yes, you can express your intention to disinherit a child in your Will, but it's harder to disinherit a spouse. Georgia law grants a surviving spouse a right of election and year's support, preventing complete disinheritance.
If you die intestate (without a Will), Georgia intestacy law dictates how your property is distributed. In most cases, your property will pass to your closest relatives.
Probate is a legal process that validates a deceased person’s will and distributes the estate to the rightful beneficiaries. Without proper Estate Planning, this process can be time-consuming, costly and possibly contentious among family members.
It’s never too early to start Estate Planning. Life’s uncertainties underscore the need to put measures in place to protect your loved ones and property if you become incapacitated or die unexpectedly.
The Probate Court Clerks' Council of Georgia and the State Bar of Georgia's section on Estate Planning & Probate provides accessible resources related to estate planning, probate, wills, trusts, etc. You can also find comprehensive legal information on the Nolo legal website.
If you believe you need legal assistance in Estate Planning, begin by approaching an experienced Atlanta Estate Planning attorney. Bring all necessary legal and financial documents during your consultation. Remember, a well-executed Estate Plan can bring you peace of mind, knowing your loved ones are protected and your wishes will be honored after death.
