Estate Planning is the process of planning for that incapacity and for our ultimate passing. Our goal in Estate Planning is for you to always retain as much control as possible.
When you pass away, you want the property that you have earned to go to those you want, how you want, and when you want. Do you have minor children and want to nominate a Guardian for them in the event you and your spouse pass away? In order to do that, you have to execute a Last Will and Testament or have funded a Trust. Are you concerned about the cost and length of probate? Are you concerned about privacy? Are you concerned about your property being available to your loved ones immediately upon your passing? Do you have a loved one who may need long term care in the near future? Do you know who will make medical and financial decisions for you when you are no longer able to make them yourself?
Our goal is to meet with you in a consultation and diagnose your situation. Daniel will sit down with you and listen to your cares and concerns in order to determine what tools are best suited for your situation.
Estate Planning is the process of giving you peace of mind that should anything happen to you, you have already taken the necessary steps to ensure that your wishes are followed and that it is done in such a manner as to provide as little impact as possible to your loved ones.
Estate Planning For Families with Minor Children
If you have minor children you may be thinking that you don’t need an Estate Plan. After seeing how failing to have an Estate Plan can affect a young family, we believe every adult should have an Estate Plan. In fact, it’s probably as important, if not more important, for parents of minor children to have a plan in place.
Did you know that even if you don’t have a plan, you have a plan; it’s just the plan the State of Georgia put in place for you rather than one you chose for yourself. In Georgia, when someone passes away without a Will, all of their property is split equally between their spouse and their children (the spouse receives a minimum of 1/3). This means that minor children can inherit property from one parent even if the other parent is still alive and both parents were married. This can create absolute chaos in a family. Not only has a spouse/parent passed away, but the family is also losing one-half to two-thirds of the parent’s property. If the child/children are minors, it means that the property can’t be touched until the minor turns 18. No matter how much the family needs the money, it’s probably going to sit there.
Have you ever thought about what would happen to your children if something happened to both parents at the same time? I thought about this for the first time shortly after my wife and I became parents. We were out for dinner together and I had a horrible thought. What would happen to our daughter if we got into a car accident on the way home? We didn’t have a Will yet, we hadn’t named Guardians for her. What would have happened? Thankfully we finished our dinner and got home safe so we didn’t have to learn that lesson firsthand, but it’s something every parent should think about!
Do you have a document appointing someone as Temporary Guardian to take care of your kids in the event you don’t come home? If not, what plans do you have in place to make sure your children don’t end up in foster care until the Court is able to figure out custody. Do you have a document appointing someone as Permanent Guardian if you were to pass away? If not, are you prepared for the legal battle which could occur if multiple people believe they should be Guardian? Is there anyone who under no circumstances would you want to become your child’s Guardian? If so, is there any evidence you’ve prepared to make that clear to the Court should it ever be necessary?
These are all things we will help you with through a Kids Protection Plan. No parent ever wants to think about leaving their child behind, but unfortunately it is a reality that our time may come before we are ready for it. Planning for it now is the most compassionate thing you can do for your children to ensure they are cared for by someone who will love them if you aren’t able to be there. Our goal is to build a relationship with you. We don’t want to just be a drafter of documents. We want to be a trusted advisor who you can lean on throughout your lifetime to help you through life’s troubles. Remember, Estate Planning isn’t something you do for yourself. It’s a gift you leave for your loved ones!