Wills, Trusts & Estate Planning

Death is a difficult topic to discuss. We understand that. But worrying about what will happen to your loved ones after you are gone can also be troublesome. Proper estate planning with the assistance of an estate planning attorney can help relieve your concerns and assure that your loved ones are taken care of after you die.

Estate planning is far more than simply deciding who will get your property when you die. In addition to tax considerations, a comprehensive estate plan takes into account what will happen should you become incapacitated. For example, who will make medical decisions for you? Who will pay your bills? Who will take care of your children? Thinking about these things may not be pleasant, but it is absolutely vital. It is critical to consider all potential scenarios and work with an experienced estate and probate attorney to craft an estate plan that fits your needs.

Estate planning is not just for the wealthy. Most people over the age of 18 have assets: a car, furniture, bank accounts, cryptocurrency, a business, a house— you name it. You do not have to have a lot of wealth to need an estate plan. If you have assets and loved ones, you need an estate plan. It’s just that simple.

To ensure that your assets get to the specific people you choose, at the time you want, you need a customized estate plan created just for you by your estate planning attorney. For example, if you want your children to receive all of your money, but only after they turn 25, a properly drafted estate plan can ensure that happens. An estate planning attorney like Emerson Carey, Jr can also provide the legal documents that allow your loved ones to make decisions on your behalf should you ever become unable to make those decisions yourself.

Most adults, regardless of age, marital status, or wealth, need some form of estate planning. Your personalized estate plan might include the following legal documents:

Last Will and Testament
Durable Power of Attorney
Designation of Health Care Surrogate
Living Will
Revocable (or Living) Trust.

At Carey & Dobson, LLC, we use these legal documents to create customized estate plans to ensure your intentions are respected when you can no longer provide for your loved ones personally. Call us today at (404) 635-1112 with any questions or complete the easy form below and we’ll call you to set up an initial consultation.

PROBATE

What is Probate?

When a person dies, a probate attorney assists with the legal process for transferring the property of the “decedent” (the deceased person) to their heirs or beneficiaries. This process is called “probate.” You may be surprised to learn that probate is still necessary even if someone has a Last Will & Testament (“Will”). As long as an individual has “probate assets,” probate is required to transfer their assets after death.

Probate is a court-supervised process. This is a specialized area of law with many complex rules and specific procedures that must be followed. Georgia has specific probate rules, deadlines, and procedures that must be followed to properly administer an estate. It is the job of the personal representative (often called an “executor” or “administrator” in other states), to administer the decedent’s estate in accordance with those laws.

Even the simplest of estates can have complex legal issues that must be resolved. This is why it is best to always work with a probate attorney. Attempting to administer an estate on your own without the assistance of an experienced probate attorney frequently leads to significant frustration and confusion. Mistakes made in this area are costly: they cost you and the estate time and money.

How long it will take to probate an estate depends on several factors. Because each estate is unique, there is no single answer to this question. However, assuming the estate is a fairly simple one (with few or no complications or family fights) and if Federal estate taxes do not have to be filed, it can take anywhere from one year to six year to complete the probate process. If you do not have the assistance of a probate attorney, administering an estate will consume a significant amount of your time and energy and will probably take far longer.

Probate attorney Emerson Carey, Jr. specializes in Georgia Probate and Estate Planning Law. His team can help your family navigate this difficult process with care and compassion. Call us today at (404) 635-1112 with any questions or complete the easy form below and we’ll call you to set up an initial consultation.