In a way, we are like the groundhog…occasionally we stick our heads out of our warm, protected, cave of ignorance to think about what would happen to our family if something unexpectedly happens to us.  In regard to estate planning, are you the type to peek-out, see your shadow, and go back in to your safe and warm bunker and hide type of person?  Or do you step out and face the day and charge full steam ahead?

Interestingly enough, the tradition of the groundhog being afraid of seeing his shadow is a recent phenomenon.  The tradition started as a medieval superstition that all hibernating animals (not just the groundhog) came out of their caves and dens to check the weather in early February.  If the animal could see their shadow, it meant winter could go on for another 6 weeks which meant they could go back to sleep.  A cloudy day meant spring was just around the corner and they could venture out.  As you can see, shadow didn’t “scare” the animal back into the safety of their den.  It was simply an alarm clock of sorts!

So with that myth dispelled, I also want you to stop using the fear of your mortality as a reason for postponing doing your own will or trust.

Simply think of estate planning as a way to ensure that your legacy will go to the people you want, in the way you want, when you want.  It will also allow you to save your loved ones court costs, attorney’s fees and most importantly, will allow them to mourn your loss without the additional burden of dealing with government red tape, a chaotic court system and financial confusion.

So, as we see all the news and excitement surrounding Punxsutaney Phil this year, take a long look at yourself and see if you are ready to make sure your family is taken care of no matter what.  If your plans are sorely lacking, I invite you to give me, your neighborhood Marietta will and trust lawyer a call to discuss your options.

By simply mentioning this article, you can come in for a Georgia Family Treasures Planning Session (normally $750) at no charge.  However, this offer is limited to the first 10,  so call 770-425-6060 to reserve your space today.

Make An Appointment For A FREE

Georgia Family Treasures Planning Session

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Aspens Signature Steaks (East Cobb or West Cobb)

2012: End of the World or New Opportunity?

It’s no secret that 2012 marks the end of the Mayan Calendar.  What that means, however, is anyone’s guess.  Maybe it means that the end of the world is imminent (though that’s not likely).  Perhaps the Mayans just got tired of plotting time and decided to continue writing their calendar in a few hundred years.  Maybe, just maybe the last day of the Mayan Calendar signifies a new awakening and a higher consciousness that will usher in a new era for humanity.

Or maybe it’s just a day on the calendar, and we can make it whatever we want it to be.

How Will Your World End?

Ayn Rand wrote one of the most widely read novels in history when she penned Atlas Shrugged.  In an interview, Rand once said something to effect that the world would end when she died.

Does that statement make Ayn Rand the most self-centered person ever?  Probably not, though she did write another book on the virtues of selfishness.  That’s beside the point.  What Rand meant by her statement is that at death, her world would end.  And since we all live in our own worlds . . . since it’s impossible to live in anyone else’s world or to walk in another person’s shoes, death is the end of the world for all of us.

Have you ever thought of it in those terms?  If not, maybe 2012 will be the beginning of some new beliefs for you.

The Point to All of This

There is a point to all of this.  Specifically, it’s this: Life is important.  The importance is defined by the meaning we choose to assign to events, and it is defined by the decisions we make and the impact we have on our loved ones.

We are generally good at making choices.  We choose careers and modes of productivity to impact our planet, sometimes even long after we’re gone.  We choose spouses, friends, and hobbies.  Life is about choice.

In some sense, death is about choice, too.

Choices That Take Effect When Our Worlds End

For far too long, estate planning has been considered something that only the elderly need—for those people who are established and on the downhill side of life.  Fortunately, there has been a popular movement aimed at showing young professionals and families that they too need estate planning, especially when young children are involved.

The reason is simple: An estate plan puts you in the driver’s seat.  It allows you to choose who will raise your children, who will manage your assets, and who will carry on your legacy if your world happens to end prematurely.  These are all choices you can make today that will have the effect of law, whether you pass away next week or in sixty years.  And if you fail to make these choices, they will be left to a judge—a total stranger with the discretion to act as he or she chooses without regard to what you “might have wanted.”

Make 2012 Count

You can make 2012 count in a major way by starting the year off with bold action.  Don’t wait to create a plan.  Waiting will never help when it comes to estate planning, and it could be absolutely catastrophic in some cases.  Make your plan now.  Set the wheels in motion so that if anything does happen to you, you’ll be remembered as the person who made sure everyone was cared for.

If you decide to create an estate plan this year, call our offices and mention this article by name.  If you do that, we’ll provide you with a Georgia Family Treasures Planning Session absolutely free of charge (normally valued at $750).  You literally have nothing to gain by waiting . . . so don’t.

MARIETTA, GA (01/01/2012)-  It’s something no parent likes to think about, but according to Marietta estate planning attorney, Steve Worrall, there’s no better time than the New Year to handpick legal guardians who can raise your kids if something happens to you.

Statistics show that 69% of US parents do not have legal guardians named to care for their kids in the event of sudden death or incapacity.  If both parents should pass away at once (similar to the horrific Berry Family car accident, which received national attention earlier this year), a judge will have no choice but to step in and and make painful custody decisions on your child’s behalf.

As someone who doesn’t know you, your wishes or the needs of your children, Worrall says “a judge is the last person you want making life-altering decisions for your family if a tragedy strikes.”

That is why Worrall urges parents to sit down and choose legal guardians for their minor children at the start of the New Year.  To help simplify the process and narrow down candidates, Worrall recommends the following 3 steps:

1. Sit down and brainstorm all the people who could possibly raise your kids if you were killed or incapacitated in an accident.  Worrall says don’t limit your choices to family either. Think outside the box and create a column where you will list out everyone who comes to mind.

2. Determine who you would NEVER want to raise your kids in your absence.  Worrall says you’ll need to tell the courts who you don’t want raising your kids in the event that individual contests your wishes and seeks custody of your kids anyway (This can be kept private and only revealed if the need arises).

3. Weigh your values. Worrall believes weighing values is one of the most overlooked steps when naming guardians, which is why he recommends making a third column and writing down what is important to you and/or your spouse.  Do you value education?  Religious or spiritual training? The ability to live in a certain community?  Being raised in a two-parent family?  Whatever your values may be, Worrall says be honest about them, write them down, prioritize them and eventually rank the top three.

From there, Worrall advises parents to match their top guardian choices to their top values. This will give you a clear picture of who you can trust to raise your children with the values you hold near and dear to your heart.

Finally, Worrall urges parents to legally document their choice of guardians so that there’s no question as to who you want to raise your kids if the unthinkable happens.

“Talk to a local attorney and legally document who you want to physically and financially care for your kids if something happens to you,” urges Worrall. “It’s the greatest gift you can give your children should tragedy ever strike,” he adds.

For more information about naming guardians for your minor kids or estate planning attorney Steve Worrall, please call 770.425.6060 or visit www.GeorgiaFamilyLaw.com.

One of the most important aspects of estate planning is the overall effect it will have on an individual or couple’s children.  Whether these are minor children who will need a guardian or adult children who are already on their own, the need for financial planning exists.  A good estate planning attorney in Atlanta can help you determine what needs there are and how best to go about meeting them.  It’s possible that creating a trust will be the right path for you.

When working with an estate planning attorney to determine if you should create a trust for your children, you will need to determine the answers to several imperative questions.  The first one most people ask is “how much?”  How much money will you be leaving for your children?  If you are leaving a considerable amount (say more than $100,000), or if you have very specific intentions for the money, then your Atlanta estate planning attorney may advise you to put the money into a trust.

The trust itself can give you the opportunity to really outline how you want the money to be used.  This can be helpful in ensuring that your children have the opportunities that you intend to provide.  Money may be set aside for the purpose of a college education, with stipulations that it is not to be used for other purposes (like a new car or a wedding, for example).  For minor children, this type of control may seem even more important, as the money in the trust can be designated for basic necessities such as food, medical care, and clothing.  This discourages a guardian from mishandling the funds.

Another question to ask regarding a trust has to do with when you want the funds to be dispersed.  Some people choose to defer the funds for a set number of years or until their child reach a specific age.  This can be advantageous because very young people may not yet possess the maturity and life experience to handle a large sum of money well.  Access to a trust at a young age can also impede the child’s drive to pursue his or her own pursuits.  An estate planning attorney can offer guidance in how other parents have chosen to deal with these concerns.

There are a lot of considerations to be made during the estate planning process.  A good attorney will help to identify which issues are the most pertinent for your particular situation and will then offer suggestions and solutions to any obstacles or concerns you may be facing.  Estate planning professionals understand the importance of using wills, trusts, and other tools in order to provide financial security for the next generation.

Despite not wanting to think about death, the reality of it is inevitable. If you have not prepared by writing a will, then you are risking both your own wishes and the outcome for those you love. This may be especially important for parents.

If you haven’t put together your will, then your children’s future can be in serious jeopardy. For example, you may assume that your property would simply pass on to your kids, but the courts may have other ideas. Additionally, other family members (such as a new spouse) may step in and take things that you intended for your children.

The most extreme example, however, likely comes along with guardianship. In order to ensure that your children are raised in the fashion you deem appropriate, you need to specify their guardians. This is done through the will, and the best way to make sure your wishes are known is to work with a wills and trusts lawyer now, before the issue is completely out of your hands.

Some Atlanta residents feel that they don’t need a will simply because they are married. They assume that if they were to die, their assets, property, children, etc. would automatically pass to the spouse. In some rare cases, this may not be true, as others may have a legitimate claim to an inheritance when a will hasn’t been written. It is heartbreaking to know that your spouse may not be the beneficiary of those things you most want him or her to have.

Of course, there’s also the possibility of both spouses being killed at one time. In situations like that, there is no surviving spouse to speak up for the children or to have a say in the distribution of assets. Again, the courts will have a much bigger say in the outcome of your estate than you would probably like.

Creating a will doesn’t have to be an overly-complicated activity, although it makes sense to consult with a good wills and trusts lawyer to ensure you are covering the basics and fulfilling any legal requirements applicable to Atlanta residents. While it’s certainly not ideal to spend time imagining what would happen to your family and assets after your death, doing so now can make an incredible difference later.

Established in 2009 for pet owners, bloggers, consumer brands and those connected to the industry, including veterinarians, as an entertaining, yet highly-educational, forum. BarkWorld is an extremely important aspect to mobilizing the new media needs and efforts of the community, and to address the increasing challenges faced by the pet industry.

I will be speaking on the topic: “Legal Beagles, Fat Cats & Lucky Dogs: The Law, Your Pets & Your Blogs,” in which I will discuss 10 Ways to Protect Your Pet with Legal Planning and the FTC Rules Affecting Testimonials and Endorsements in Your Pet Blogs. In my session, which is scheduled for 3:15 PM on Saturday, October 1, 2011, you will:

• Learn why and how to care for your furry friends if the unthinkable happens to you.
• How to create a comprehensive pet protection plan.
• Gain a better understanding of what’s permissible under the FTC rules, learn what could get you an $11,000 fine, and find out what compliance tools are available for you to use.

If you’d like to attend, you can register here and get more information here. Other speakers will include Victoria Stillwell of Animal Planet’s It’s Me or the Dog, and Ted Rheingold, Founder of Dogster.com & Catster.com.

Many clients who seek out estate planning in Atlanta have concerns when it comes to caring for their pets. After all, our pets rely on us for everything, although we all know that we gain so much in return. When engaging in estate planning with an attorney, you likely want to ensure that your steadfast companion is well cared for after your passing.

One approach is to actually set up a Pet Trust. This type of trust is created here in Atlanta specifically to take care of your special companion animal or animals when you are no longer able to do so. When setting up a pet trust, your attorney will ask you to make a few considerations:
• Naming a trustee who will manage the funds.
• Choosing a caretaker who will meet your pet’s needs. This may be the same person or someone other than the trustee.
• Picking a nonprofit organization that will care for your pet if the caretaker is unable to do so.
• Outlining specific instructions on how your pet is to be cared for.

While it may seem appropriate to simply provide for your pet in your will, most wills and trust lawyers will encourage you to set up a separate trust. This is because the money set aside for your pet’s care could get tied up in probate. At the very least, it can take weeks for funds to become available. Setting up a Pet Trust or making it part of your Living Trust helps ensure that the money will be there right away.
You may also want to consider including instructions for pets in your Durable Power of Attorney. This allows for a designated person to take over the care of your pet if you should become unable to do so for reasons other than your own death. If it is reasonable, you can even arrange for this person to bring your pet to visit you while you are recuperating or receiving other care.

Pets in Atlanta need to have an appropriate amount earmarked for their ongoing care. In addition to providing for food and other necessities, the Pet Trust should also include funds that can be used for veterinary fees. Additionally, you may wish to allot a certain amount to the caregiver in return for looking after Fido or Fluffy. A few thousand dollars is usually enough to cover the expenses most small pets will incur.

To create a plan for your pet, simply let your Atlanta wills and trust lawyer know that it is important to you. We will help you set up a Pet Trust so that you have the comfort of knowing you will be able to continue to provide for the animal or animals that gave so much of their love and comfort to you.

I was interviewed this week on Atlanta’s NPR station, WABE 90.1FM, on the subject of making sure that all parents have a plan in place should an emergency strike during school hours. These preparations should include naming short-term guardians, listing the right people on school emergency cards and leaving detailed instructions with babysitters to avoid involvement with social services.

The shorter version that aired today, Wednesday, July 27, 2011, can be heard here:

The extended version of the interview appears on WABE’s webpage, but I have also included a link to it below:

The steps to take after the loss a loved one can be overwhelming, but requesting a death certificate is a great place to get started.  You will need a death certificate to complete many of the administrative tasks that you will face in the weeks to come, so it only makes sense to order a copy of this as soon as possible.

While the exact process to order a death certificate can vary from county to county, there are basic guidelines that you can follow to make the request for a death certificate as quick and easy as possible.

Let’s take a look at these guidelines:

- I typically recommend ordering 8-10 copies of your loved one’s death certificate. As mentioned above you will need them for many tasks over the next few weeks, so it’s best to have them on hand. The easiest way is to order them through the funeral home, as there is generally a lag time when you order straight from the county recorder’s office.

- Make sure to have the following information readily available when filling out the request:

• Full name of the deceased
• The date of death
• The place of death
• The deceased’s date of birth
• The purpose of your request
• Your driver’s license number
• Provide a self-addressed stamped envelope along with your request
• Typing or printing the information is helpful

If you are still not sure how to properly obtain a death certificate for your loved one, or you need to know whether or not you should obtain one based on your responsibilities, contact our Cobb County probate lawyers at the GeorgiaFamilyLaw.com : Worrall Law LLC by calling 770-425-6060 to schedule a free consultation. Not only will we provide you with information on how to obtain a death certificate in Cobb County, but we can also help you navigate the complicated world of probate after a loved one’s death.  Call today!

DID YOU KNOW….

That if you were to pass away or become incapacitated while your child is at school, the authorities may not release your kids to those you listed on the school emergency card?

Why?

Because by law, the authorities can only leave your kids with their “legal guardian” or surviving parent if something happens to you.

If the surviving parent is unavailable or something happens to you both during school hours, your child will may possibly be placed into the care of social services until a judge (who doesn’t know you or your wishes!) should decide where they should go.

That is NOT a position you want to put your kids in—especially during a time of grief!

Fortunately, putting a plan in place to make sure your kids are protected if something happens to you is EASY!

Here’s a brief checklist to help you “get your ducks in a row” before the school year starts:

* Have I legally documented short and long-term guardians to care for my kids if something happens to me and/or my spouse during school hours?

* Do the people I listed on my child’s school emergency card match those I’ve legally named as guardians? (If not, your emergency contacts will only have permission to pick your kids up if they are sick– not care for them if something happens to you).

* Have I provided my chosen guardians with the documentation they need and instructions on what to do if called upon in an emergency situation?

* Have I prepped the babysitter who watches my child either before school or after school on what to do if something happens to me so child services are not called in?

If you answered “no” to any of these questions, now is the perfect time to get a plan in place before the hustle and bustle of school season starts!

Just call me, Steve Worrall; as a dad and a lawyer I am passionate about ensuring young families protect their children.  Call 770-425-6060 and ask to schedule a free Georgia family Treasures Planning Session ($750 value) with the mention of this postcard.

Together we’ll legally document your choice of guardians and create a plan that ensures your kids are cared for by the people YOU want if the unthinkable happens.