Best Estate Planning Lawyers in Marietta

About Estate Planning Law in Marietta, United States

Estate planning law in Marietta, Georgia, focuses on helping individuals and families arrange for the management and transfer of their assets both during their lifetime and after death. This process involves creating documents such as wills, trusts, powers of attorney, and advance healthcare directives. The goal is to ensure that your wishes are respected, your loved ones are taken care of, and potential legal disputes or tax liabilities are minimized. In Marietta, estate planning is governed by Georgia state laws, but it is important to consider local procedures and court requirements specific to Cobb County.

Why You May Need a Lawyer

Many people do not consider the full scope of estate planning until a life event occurs. Here are some common reasons why you may need a lawyer for estate planning in Marietta:

• Drafting or updating a will - Professional assistance ensures your will is clear and legally valid.
• Creating a trust - Lawyers can help set up living or testamentary trusts suited to your needs.
• Designating power of attorney - Legal professionals help you appoint someone to handle your affairs if you become incapacitated.
• Minimizing estate taxes and probate costs - Attorneys can guide you in structuring your estate to reduce costs and delays.
• Ensuring care for minor children - Legal documents can address guardianship and financial support in your absence.
• Planning for business succession - Business owners need legal plans for the continuity of their companies.
• Protecting beneficiaries with special needs - Specialized trusts can protect government benefits and assets.
• Resolving blended family or complex family situations - Professional guidance helps minimize misunderstandings and conflicts.

Local Laws Overview

Estate planning in Marietta is subject to the laws of the State of Georgia and the procedures of Cobb County. Key aspects include:

• Will Requirements - Georgia law requires a testator to be at least 14 years old and of sound mind. Wills must be in writing and signed by the testator and two competent witnesses.
• Probate Process - Probate is managed by the Cobb County Probate Court, which verifies the will and oversees the administration of estates.
• Intestate Succession - If someone dies without a will, state law determines how assets are distributed among heirs.
• Trust Laws - Georgia law allows for various types of trusts suited for different estate planning goals.
• Advance Directives and Powers of Attorney - Georgia recognizes living wills (now called advance directives for healthcare) and durable powers of attorney for both financial and healthcare decisions.
• Guardianship and Conservatorship - The probate court also handles the appointment of guardians for minors or incapacitated adults.
• Estate and Inheritance Taxes - Georgia does not levy a state estate or inheritance tax, but federal estate tax may still apply.

Frequently Asked Questions

What is estate planning?

Estate planning is the process of arranging how your assets will be managed and distributed during your life and after death, often through wills, trusts, and other legal tools.

Do I need a will in Georgia?

While not required by law, having a will ensures your assets are distributed according to your wishes and can simplify the probate process for your loved ones.

What happens if someone dies without a will in Marietta?

If you die without a will (intestate), Georgia laws determine how your estate is divided among your surviving relatives, such as a spouse and children.

What is probate and how long does it take?

Probate is the legal process of verifying a will and distributing an estate. In Cobb County, the timeline depends on the complexity of the estate but typically ranges from a few months to over a year.

Can I avoid probate in Georgia?

Yes, using tools like living trusts, joint ownership with rights of survivorship, and beneficiary designations can help avoid or minimize probate.

What is a living trust?

A living trust allows you to transfer assets into a trust during your lifetime, managed by a trustee for your benefit and then for your chosen beneficiaries after your death.

Who should I appoint as my executor or trustee?

You can appoint a trusted relative, friend, or professional such as an attorney or financial institution to serve as your executor or trustee.

What is an advance directive?

An advance directive, sometimes called a living will, is a document stating your healthcare preferences if you are unable to make decisions for yourself.

How often should I update my estate plan?

It is wise to review your estate plan every few years, or after major life events such as marriage, divorce, the birth of a child, or significant changes in assets.

Do I need an attorney to create a will or trust in Marietta?

Technically, you can create a will or trust without an attorney, but legal guidance helps ensure your documents comply with Georgia laws and fully capture your wishes.

Additional Resources

• Cobb County Probate Court - Handles probate, guardianship, and estate administration.
• Georgia Department of Human Services, Division of Aging Services - Offers information on advance directives and senior legal issues.
• Georgia Bar Association - Provides a lawyer referral service and public guides on estate planning.
• Local legal aid societies - May offer free or reduced-cost help for qualifying individuals.
• Cobb County Law Library - Public resource for legal research and information.

Next Steps

If you are considering estate planning or need help with an existing estate, take these steps:

1. List your goals and any specific concerns you have about your assets, family, or future care.
2. Gather relevant documents such as property deeds, financial statements, and any existing wills or trust documents.
3. Seek a consultation with a reputable estate planning attorney in Marietta to discuss your needs and options.
4. Ask your attorney to review your documents for compliance with Georgia and Cobb County requirements.
5. Regularly review and update your estate plan as your life circumstances change.

Taking these steps can help protect your assets, make your wishes clear, and provide peace of mind to you and your loved ones.