Far too many people assume that their families would make the choices they would want in an emergency.  Yet everyday we hear stories of adult children, siblings or other relatives battling during a health care crisis over “what their loved one would have wanted” in that situation.

The Terri Shiavo case is a great example of this. At the young age of 26, Shiavo suffered sudden cardiac arrest and slipped into a permanent a vegetative state.    She never documented her wishes about things like feeding tubes, life support and long-term quality of life, leaving her family to battle for years over these questions in court.

Her husband eventually had her feeding tube removed claiming, “That’s what she would have wanted”. But was it really? We’ll never know because Terri didn’t make her healthcare wishes known to her closest family and friends.

But it’s not enough to just tell someone about your wishes.  You need to clearly document your preferences, too.  Remember, emotions can run high during a health care crisis, and it might be hard for your loved ones to stop life support when they desperately want you around.  Having your wishes spelled out in writing helps make these types of decisions easier for your loved ones, especially in cases when other family members don’t agree.

So in honor of National Health Care Decisions Day, I encourage you to start tough conversations with loved ones about your personal medical preferences for medical or long-term care.  Here are some important questions to consider:

·      What are your thoughts on feeding tubes, life support and other artificial life saving devices?

·      Is there any type of medical care you would NEVER want?

·      If you were permanently disabled or incapacitated, what things would contribute or take away from your “quality of life”?

·      Who do you trust to make important medical decisions if you are unable to speak for yourself?

·      What are your thoughts on nursing home vs. in-home health care?  Who would you trust to manage your long-term care?

These are not the most fun conversations to have, but they will help to ensure that your most personal wishes are honored in a true medical emergency.  Talk them over with loved ones and get something in writing that spells out your wishes and the care you want if something happens to you.  If you have questions, talk to your attorney and get something in writing before an unforeseen emergency strikes.

Call our office at 770.425.6060 and ask to schedule a FREE Georgia Family Treasures Planning Session if you don’t already have a Power of Attorney and Advance Health Care Directive in place. If you’re one of the first 10 to call, we’ll prepare your Advance Health Care Directive for FREE! (a value of at least $500)

For more information, please go to the National Healthcare Decisions Day website.

That’s why I’ve put together a list of four brief reasons that explain why you need a will…and why it must be created sooner, rather than later.  There are certainly many other aspects to consider, but these can have a great impact on the future of your estate:

Reason You Need a Will #1:  It Saves Money

There are so many financial issues that come into play once an individual has passed away, and it really does take a trained lawyer to understand them and come up with a solid game plan.  An estate planning attorney is able to help you take advantage of tax benefits that you might not have otherwise known were available, as well as help you save an incredible amount of money that can be passed on to your heirs.

Reason You Need a Will #2:  It Protects Your Family

Not all adults have minor children, but those who do should have a will in place that names who they want to be their child(ren)’s legal guardian in case of death or incapacitation.  If you and your wills lawyer in Cobb County have not formally and legally laid out this information, then it will be up to the courts to determine who will raise your children in your absence.  Keeping your will updated also protects other family members, as you can determine what goes to whom, rather than having family members cause fights and drama over your estate.

Reason You Need a Will #3:  It Keeps Real Estate Intact

Do you own a house or other property?  If so, and you pass away without a will, the courts will likely pass co-ownership of that property to your heirs.  What happens when some of your heirs want to keep the property and others want to sell it?  What if you specifically want a certain heir to inherit your property?  What if you don’t want your heirs inheriting the property and would rather leave it to someone outside the family instead? Without a will, the answers to all of these questions will be completely out of your control.

Reason You Need a Will #4:  You Might Not Be Allowed to Do It Later

One of the requirements of a valid will is that the person creating it is of “sound body and mind.”  If you become victim of an illness or injury that brings your ability to make sound judgments into question, you may be unable to put together a legally binding will later on.  Anyone who does not agree with your decisions can simply contest the will, saying that you were not competent to make those choices; and the whole thing could end up in court.

Of course, there are many, many other reasons to meet with an Cobb County lawyer and have an estate plan designed that addresses your unique legal and financial needs.  We’re happy to help you get started with the process, so if you have further questions about wills here in Cobb County or you’d like to move forward protecting the people and things you love, please give our office a call at 770.425.6060 and ask to schedule a free Georgia Family Treausres Planning Sessions with the mention of this article ($750 value).

This IS Relevant to Planning Your Estate

Before you conclude that we’re about to embark on some platitude about how technology is leaving us all in the dust (we’re not going to do that), take a moment to think about your current digital footprint. In what ways are you out there on the internet?

• Facebook?
• YouTube?
• Email accounts? Cloud storage (Flickr, iCloud, Amazon Cloud, Google Docs)?
• PayPal? Online bank accounts? Online recurring subscriptions?
• Websites, domain names, blogs?

Unless your head’s been buried in the sand for the last ten years, it’s likely that you have at least some of the above-named assets.

Increased Online Storage

One of the most important functions of any estate plan is an instructional letter that advises your loved ones on where they can find critically important documents—Last Wills, Trust Agreements, Power of Attorney, Health Care Proxies, and financial instruments.

Increasingly, these sorts of documents are being stored online. Make things easy on your loved ones. Even if your critically important estate planning documents aren’t stored online, your loved ones will still need to access your digital life once you’ve exited the real world.

The first step in making life easy on your loved ones is to list your digital assets. Be careful . . . some assets might belong to your business (if you have one), so take care in discriminating who owns what (e.g. internet domain names). It can be a lot to sort through, but you’re the best person for the job. Nobody knows what you have better than you.

Understand the Fine Print

The terms of service for online providers differ markedly. Take the time to understand what you’re getting into when you sign up for a service. For example, when a person dies, his or her Facebook page can be “memorialized.” That means it can’t be accessed or altered by anyone. Make sure you’re okay with that, and remember that whatever you write will be on the web . . . potentially forever.

Be Clear on Your Wishes

Clearly communicate to your attorney or to someone that you intimately trust (i) what you have, and (ii) what you want to have done with it. If you’ve stored passwords to email accounts that you want someone to be able to access, make sure you leave a clear record. Otherwise, your loved ones might be locked out of your accounts (e.g. Facebook, as described above).

You just don’t want to leave your digital footprint to chance. Take the time to decide how you want your digital legacy handled, and then put a system in place to make sure it happens according to plan.

It’s A New Ballgame

Dealing with the issue of digital assets, not to mention hard assets like real estate, stocks, bonds, bank accounts, precious metals, business interests, etc., can be really stressful if you don’t know what you’re doing. Luckily, we’re here to support you, and we’re old pros at dealing with these issues. Digital legacies might be a new ballgame, but they adhere to the tried and true rules of estate planning, so we can help you handle these issues without a hiccup.

Give us a call today to schedule a free Georgia Family Treasures Planning Session™. We normally charge $750 for these sessions, but until our calendar fills up for the month, we’re going to give them away!

Wills in Georgia are created specifically to stipulate how one’s assets are to be distributed, and trusts do the same, while sometimes affording extra protection and benefits.  Those who collect guns for various reasons often have reason to add this type of protection to their estate plan.

One of the first reasons to consider a gun trust is because many firearms are particularly valuable.  Putting them into a trust can ensure that they are passed as heirlooms or investments for future generations.  The collector is able to set the trust up so that these valuable items are distributed according to his or her wishes.

Another concern is that there are restrictions that apply to certain guns.  Creating a gun trust can help to ensure that all applicable laws and regulations are followed regarding the administration of the trust and the firearms it contains.  Some legal questions need to be answered in regards to the suitability of passing certain types of weapons on to others, especially those that are more heavily regulated.

A gun trust is fairly flexible, as it is revocable.  While it can certainly be used as a tool during estate planning, many Atlanta area residents use it for a whole different reason.  Because certain types of guns are so heavily regulated, they cannot be transported or used without the owner present.  A gun trust allows for the owner to name trustees who are then permitted to engage in these activities legally.

Gun trusts have become fairly common, with gun dealers even providing them to customers.  In reality, though, it is one area where having a qualified wills and trusts lawyer involved is especially helpful.  Because of the regulations surrounding firearms and the fact that most of the trusts created with the provided forms are not specific to guns, many owners don’t even realize that they’re breaking laws, erroneously believing they have covered themselves adequately.

If you deal with guns on a regular basis, it is a good idea to consider creating a gun trust with your Atlanta estate planning attorney.  The outcome is better protection for you and your firearms both now and after you are deceased.

To learn more about creating a gun trust here in Atlanta, simply call our office at 770.425.6060 and ask to schedule a Georgia Family Treasures Planning Session. These sessions are normally $750, but you can come in free with the mention of this article.  However, these sessions are limited each month, so call today!

Surprisingly, most attorneys will tell you that there are some everyday forms where this approach makes good sense. In fact, many law firms offer a selection of standard legal forms available for their clients’ use at no charge. However, when it comes to wills and trusts, a poorly executed document can cause more harm than doing nothing at all.

It’s important to realize that estate planning is a complex area of law, based on statutes that vary state by state and often change from one year to the next. Wills in this state have procedures and requirements that must be followed, and a wills lawyer in Atlanta knows what those stipulations are.

For example, all states require your will to be signed in the presence of at least two witnesses and they must sign in your presence and in the presence of each other. Something as seemingly trivial as improper witnessing procedure can result in the whole document being deemed null and void.

Wills and trusts aren’t merely about the distribution of the deceased’s funds either.  Children are the most valuable “asset” of an estate, yet a recent survey found that nearly 3 out of 4 couples with minor children had made no provisions for legal guardianship of their children should an event claim both parents’ lives at the same time. This may be an unusual circumstance, but it is by no means a rare one. An experienced wills and trusts lawyer will prepare the proper documentation needed to insure the wishes of the parents are carried out that your DIY estate plan may miss.

Another danger inherent in DIY wills is that they give a person a false sense of security. An individual may think that his/her affairs are all in order when, in actuality, something of importance may have been left out or an area of the form filled out improperly. Remember, there is no one-size-fits-all document that covers every situation. Online document mills are prohibited by law from dispensing legal advice, therefore they can not advise you of the forms you really need to protect your family and assets, nor will they represent you in court should it become necessary.

Sadly, DIY wills and trusts that are intended to save a few bucks can easily result in estate losses of tens of thousands of dollars.  If you have a DIY will or trust, the most important thing you should do is have it reviewed by an experienced Atlanta wills and trusts attorney.  Here at GeorgiaFamilyLaw.com : Worrall Law LLC, we will review your current estate planning documents free of charge so you can have the peace of mind knowing your family will be protected if the unthinkable happens.

Just call 770.425.6060 and ask to schedule a Georgia Family Treasures Planning Session ($750 value).  However, these sessions are limited each month so call today!

While nearly every physician is at risk for a lawsuit, there are some doctors who experience legal claims more than most.  3 of the most at-risk medical professions for lawsuits include obstetrics, neurosurgery, and radiology.

The reasons for the high percentage of medical claims in these fields are varied and complicated, but it often boils down to the rate of risk associated with these areas, rather than with lack of skill or professionalism on the part of the physician.  Of course, there is case of frivolous lawsuits as well.

Whether a lawsuit against a physician is well-founded or not, it can still cost an incredible amount of time, effort, and money.  While it may help to reevaluate laws regarding malpractice litigation, there are more immediate things that doctors can do to protect themselves, and their personal assets, if a lawsuit is filed.

Traditionally, physicians have attempted to protect their assets by setting up living trusts and even placing their property in another person’s name. Now, however, physicians may find the asset protection vehicle they are looking for in a Family Limited Partnership.

Originally created in the early 20^th century, the Family Limited Partnership was intended to protect family assets and even to provide tax benefits.  It has since evolved into a useful tool for use by physicians who may face lawsuits.

A qualified attorney who is well-versed in the Family Limited Partnership and how it applies here in Atlanta will assist and advise the medical professional on how to set up a structure similar to a family business.  Other individuals in the family can be included as general partners.  Once property is properly placed into this type of partnership, it generally will not be eligible for use to pay off a lawsuit.

It is necessary that the Family Limited Partnership be meticulously planned and worded, which is why it is especially important to work with an attorney who fully understands how to craft the partnership as it pertains to a physician’s family and unique risks.  Choosing an attorney who understands this approach to asset protection and how it affects physicians in Atlanta provides new options that many doctors have not been afforded before.

If you are a physician interested in protecting yourself and your personal assets from lawsuits, 770.425.6060 and ask to schedule a complimentary Georgia Family Treasures Planning Session with the mention of this article.

According to the Humane Society of the United States, 39% of U.S. households have at least one dog and 33% have at least one cat. Together we own more than 77 million dogs and 93 million cats! Then there are the 12 million birds, 7 million horses, and countless other fish, hamsters, lizards, snakes, turtles…you get the picture. We love our pets!

Responsible Pet Owners Month was created to remind us about the importance of properly caring for our companion animals. Responsible pet ownership means spaying and neutering our animals to control the rise of unwanted or abandoned pets; proper training and adequate grooming; a balanced diet and plenty of love and exercise; and making sure your pet has an up-to-date identification tag or is micro-chipped.

We think this is also a good time to remind you that while companion animals are sometimes our very best friends in life, they are often not provided for in estate plans. Shelters and veterinarians euthanize almost 500,000 pets each year when their owners predecease them.

There are some great planning tools to ensure the well-being of your pet if you can no longer provide for them because of disability or death. From designating a successor pet guardian to creating an honorary pet trust (a flexible method for managing financial assets to benefit your pet), you can leave behind general or very detailed instructions concerning the standard of care and special needs of your furry friend.

There is no question that our pets are part of our families and they need the same kinds of protection which we promote for families with children.

As part of my practice, I focus on helping pet owners create legal plans that ensure their animals are physically and financially cared for should the owner suddenly pass away or become incapacitated.

Without having such a plan in place,upon the death or sudden incapacity of the owner, beloved pets are often placed in a shelter or euthanized if no one is willing to assume responsibility.

For people who consider their animals as part of the family, this idea is often too difficult to bear. That is why many local residents are choosing to amend their wills, or even create pet trusts, to ensure their pets have a home and are financially provided for in their absence.

Specifically, as in the case of pet trusts, pet owners can set aside money for food, grooming, recreation and the continuation of your veterinary services for the life of the animal. This helps to ensure the animal receives the care that he or she is accustomed to, without asking the new owner to bear the weight of the financial expense.

There are many other legal strategies to help pet owners make their wishes about the continuing care of their animal known if the unthinkable happens, which I have explained briefly in the complimentary brochure you can request and download here.

If you or a loved one are interested in learning more about pet trusts and other pet planning strategies, please contact us at anytime at 770.425.6060.

SOURCES: Kristel Patton and Jeffrey Cramer

First of all, long-term care is a very likely scenario.  People are now living longer than they ever have before.  This can be a great thing, but it also means that the period of time in which we cannot fully care for ourselves may be longer, too.  More and more people find that they truly need some form of long-term care.  In some cases, this can be handled through an in-home healthcare worker rather than in a nursing home, but even that is expensive.

Nursing homes are a common solution when it comes to long-term care, and a good elder law attorney should help you plan for how to make this possibility happen.  It’s common for people to think that the government will simply pay for their needs or that a nursing home isn’t any more expensive than renting an apartment.  Both ideas are usually untrue.

So, how does one pay for long-term care?  Elder care attorneys typically see four approaches:

1. Private Pay – Any care that is needed, from nursing homes to prescriptions drugs (including co-payments or full costs) are covered out of pocket.  Elder care services tend to be very expensive, and the costs associated with them are incredibly high.  It’s not unusual for assisted-living placements to cost upwards of $8,000 a month.  That means that “simple” basics that are required for day-to-day living come out to $96,000 a year.
2. Medicare – Medicare is a health insurance program administered through the government.  Elder law attorneys work with this program a lot because one of the basic requirements is that you must be over 65 to receive benefits.  Many people are surprised to learn that Medicare does not typically cover long-term care.  So, even if you qualify for this program, it cannot be used to cover nursing home care or in-home healthcare professionals for more than about 100 days.
3. Medicaid – Medicaid is used by those with great financial need, and you must apply and qualify for the benefits.  Many people are shocked when their elder law attorney explains that Medicaid is not actually available to everyone, and if you have much by way of assets (even a modest home or a few thousand dollars in the bank), you may not qualify at all.  If you hope to qualify for Medicaid, you must prepare several years in advance to protect your assets.
4. Long-Term Care Insurance – This type of insurance can help to cover or offset the costs associated with long-term care, such as an in-home healthcare worker or nursing home care.  Policies can be somewhat confusing and expensive, so it’s highly recommended to work with an impartial elder law attorney when reviewing potential policies to ensure you understand them and are getting what you expect.

There are many issues to take into consideration when planning for your future, and long-term care is undoubtedly one of the most important.  Working with an elder care attorney in Atlanta means that you will understand the options that are available to you and how they apply according to state and federal law.

While there are undoubtedly a ton of things to do in the days and weeks following a loved one’s passing, I like to advise families to start with 8 specific tasks that will help them get a grip on closing out an estate.  These steps will ultimately help to beat overwhelm, avoid oversights and give families the time they need to grieve, instead drowning in paperwork and government red tape:

1. Secure all property - One of the first things I advise families to do is to secure any property included in your loved one’s estate.  This means immediately removing valuables and locking everything up tight (including garages and sheds!) to keep the property safe from criminals or vandals.  This will also prevent other family members from picking through your loved one’s assets before the proper time.  

2. Request certified copies of the death certificate - A certified copy of your loved one’s death certificate can typically be ordered from the funeral home or in Cobb County, Georgia, you can apply for one through the Cobb County Public Health Department.  You will need this death certificate to claim social security benefits, transfer property, close out bank accounts and handle any other financial affairs.
3. Freeze financial accounts - You’ll want to take an inventory of your loved one’s financial affairs as soon as possible following his or her passing.  Essentially you’ll want to make sure all automatic debits are stopped and a freeze is placed on all bank accounts and credit cards that are not jointly owned.  It’s also a good idea to stop any automatic deposits scheduled to hit the bank account before you officially close it out.
4. Locate estate planning documents and contact a probate attorney - 99.9 % of the time, families will need to contact a Marietta estate planning attorney immediately following the death of a loved one.  That’s because the administration of your loved one’s estate will depend on the legal documents he or she had in place at the time of death.  So for example, if your loved one did not have a will or only had a will in place, you will need an attorney to assist you in filing with the probate court. If your loved one had a trust in place, you may avoid the court process, but will still need to contact an attorney to ensure the trust is administered properly and all expenses of the estate are paid.
5. Relocate abandoned pets - If a loved one died leaving pets alone in the house, you should immediately take steps to place the animals with another family member, friend or local shelter.  You may also want to contact your loved one’s attorney to find out if they had legal plans in place (such as a pet trust) to care for their beloved friends upon their passing.
6. Contact Social Security - Social security must be notified following the death of a loved one. You should call them at 1-800-772-1213.  Benefits will be stopped upon notification and you can also inquire about surviving benefits for a spouse or child.
7. Open Benefit Claims - If your loved one had life insurance or was entitled to death benefits from his or her place of employment, union or civic organization, you must contact such organizations in the days and weeks following your loved one’s death to start your claims.
8. Consider long-term care for the surviving spouse -  If your loved one left behind a surviving spouse who is elderly and unable to live alone, consideration should immediately be given to his or her long-term care. This may range from moving in with another relative to hiring round-the-clock in-home health aides.  Nursing home care may also be required in this situation, to which I’d advise you to consult with a Marietta probate lawyer to discuss potential ways to protect your loved one’s assets before making such a move.

Of course in addition to taking the steps above, I always welcome you to contact me, your neighborhood Marietta probate lawyer for help.  Our office can assist you in working through the legalities of your loved one’s estate and handling any estate administration needs.

By simply mentioning this article, you can come in for a complimentary Georgia Family Treasures Planning Session (normally $750).  However, this offer is limited to the next 10 responders, so call 770.425.6060 to reserve your space.

While it’s possible that some online estate planning tools can work for your situation, it’s much more likely that you’ll end up trying to force your situation to fit their cookie-cutter approach.  The end result is that no one truly gets what they need or want.

For example, the typical modern family can be pretty complicated.  There may be step-parents, half-siblings, and multi-generational issues that are just more complex than what a simple web-based tool is prepared to help you create.  Additionally, you may be limited in the number or types of trusts you can set up or how your will must be executed.  Not only will you be unable to set up precisely what you want and need, but any ambiguity can also open your will up to being contested.  At that point, your planning can become almost worthless as the estate can go into probate, racking up court and lawyers’ fees while potentially disregarding your actual wishes.

Instead, take the time to visit with a flesh-and-blood wills and trusts lawyer.  Many even offer a free consultation to let you know what they can do for you and to give you a chance to ensure that you feel comfortable.  There’s nothing wrong with checking out a couple of attorneys before making a decision, and you may even find that friends and family have some great recommendations for you based on their own experiences.  Law, rules and procedures do vary, not only by state but also by county, so choose a wills and trusts attorney from the Marietta area to help ensure that your documents are going to hold up in Cobb County.

Online estate planning tools seem like they offer the world, but it’s really important to recognize their limitations.  While they may be a bit less expensive than a wills and trusts attorney up front, they often cost so much more in the long run.  Consider meeting with a lawyer to at least compare what you are able to get out of each scenario before making a decision about which method to use.  There’s a good chance you will discover that it’s just hard to beat the flexibility and assurance that comes from working with a real professional.