If you were to ask attorneys across the country how often they get phone calls like the following, the answer (“Very frequently”) may surprise you. The phone call might go something like this: “Hi, this is John Jones. My dad, Bill Jones, passed away recently and we have torn the house apart l...

Asking someone to serve as your fiduciary (trustee of your trust or personal representative or executor under your last will and testament) is not something that you should take lightly. Serving as a fiduciary is a heavy responsibility that requires significant time and effort. If you plan to n...

As a single individual, you may feel overwhelmed when you think about who will step in and make decisions for you if you cannot make decisions for yourself and who will receive your money and property when you die. You may consider your parents or siblings, but depending on whether they are l...

While the term fiduciary is a legal term with a rich history, it very generally means someone who is legally obligated to act in another person's best interests. Trustees, executors, and agents are all examples of fiduciaries. When you pick trustees, executors, and agents in your estate plan,...

To create and build a successful business is one thing; making sure it lasts after you're gone is an entirely different matter. There are many financial predators out there that will take advantage of a business at its most challenging time – i.e., when the founder retires or passes away – bu...

Clients often naturally choose their children to be beneficiaries of their revocable living trusts. Many clients also wish to name one or more of their children as the trustee of that trust, but are not sure if that is allowed by the law. The short answer is yes, a beneficiary can also be a t...

Divorce is more common now than it was in the past, as is remarriage. Depending on how long a prior marriage lasted, the former couple may have engaged in certain levels of estate planning together. When that is the case, it is important to understand how a subsequent marriage can impact the ...

Many people feel like their animals are their best friends and distinct members of the family. They buy birthday cakes and Christmas gifts for their dogs, cats, birds, and reptiles. Many older people prefer having an animal to keep them company. Look on the shelves at your home store, and they ...

1) Myth: My spouse can make all of my healthcare and financial decisions because he/she is my spouse. Reality: This is not always the case. To make sure your spouse can indeed make important medical decisions on your behalf, you should sign a durable power of attorney and a medical advance d...

Most people understand that having some sort of an estate plan is a good thing. However, many of us don't take the steps to have an estate plan prepared because we don't understand the nuances between wills and trusts – and dying without either. Here's what will generally happen if you die, in...

Every day we make hundreds of decisions from what to eat for breakfast to where we go on vacation.  With each passing day, there are more choices to be made.  But, what will happen if you can't make decisions for yourself?  Before that time comes, there is one important decision you need to m...

It's August, and you have been running around for weeks, getting your new college student off to school. It's exhilarating, and your heart likely is bursting at the seams. You'll probably prouder than words can express, but you'll also be a little afraid, too. How can you make sure your kid i...

According to a study conducted by Caring.com, the percentage of people aged fifty-five and older who have created a will has fallen from 60 percent to 44 percent since 2019.[1] Although creating or updating your estate planning may seem like a daunting task, a proper estate plan can help addr...

Do not let constant political and financial speculation prevent you from making tax-free annual exclusion, medical-payment, and educational gifts to or for the benefit of your loved ones. Make Annual Exclusion Gifts Annual exclusion gifts are transfers of money or property in an amount or v...

According to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), from 1986 through 2018, tens of millions of firearms were both manufactured in and imported into the United States.[1] Where are those guns today? They are most likely filling gun safes, closets, nightstands, and desk...

You spend a significant part of your life building your business, and it becomes a major part of your legacy. But when you die, everything you have built could fall apart if you have not taken the time to create a business succession plan. Without a plan in place, your business's fate may be de...

For those caring for elderly relatives in Cobb County, there may be relief knowing that the senior has a medical directive, power of attorney, and/or trust in case he or she becomes incapacitated. However, it's also possible that there is no guiding documentation to help when the relative is un...

Besides directing what happens to your finances when you pass away, a comprehensive estate plan also addresses the possibility that you could become unable to handle your financial affairs while you are still alive. You may have signed a financial power of attorney (POA) that allows one or mor...

When it comes to estate planning, you have a LOT of options. There are several legal tools that can be put in place to protect your loved ones after you pass away. One valuable tool a Marietta trust lawyer will use is an IRA inheritance trust. If you opened an IRA, you most likely named a bene...

For an explanation of what Medicaid Asset Protections Trusts (MAPTs) are and how we use them to help our clients plan proactively to protect those assets from the Medicaid Five Year Lookback, please see our blog post: What Is A “Medicaid Asset Protection Trust”? Here is a diagram explaining visu...

In today's digital age, many people have a library of digital assets that may include items such as books, music, and movies. One of the perceived benefits of owning these digital items is having a convenient way to access your favorite media indefinitely with just a few mouse clicks. However, ...

When you sit down to create your estate plan, there are likely dozens of questions running through your mind. Who should get possession of your home? Who should run the family business? Will you create a college fund for your grandkids? What charity should you donate to? The options can be di...

If you have lost a loved one and are now attempting to close out their estate, our Marietta probate attorneys are sorry for your loss and we understand how frustrating the process can be. The steps to take after the loss a loved one can be overwhelming but requesting a death certificate is a g...

In my years as a Marietta estate planning attorney, it still surprises me to hear how uncomfortable people are discussing estate planning issues. Even families who are open to discussing their financial situations get squeamish when the word “inheritance” is brought up. However, like everything i...

Your retirement account provides asset protection during your lifetime, but as soon as you pass that account to a loved one, that protection evaporates. When your spouse, child, or other loved one inherits your retirement account, creditors have the power to seize it and use the funds to satisf...