Keeping your estate plan current is essential to ensure your wishes are respected and your loved ones are protected. Here are some key life events that require an immediate update to your estate plan.

MARRIAGE

Update emergency contacts and beneficiary designations for your life insurance and retirement accounts. Ensure you have the right tools to transfer your money and property to your spouse according to your wishes after you die.

BIRTH OR ADOPTION OF CHILDREN

Add new children as beneficiaries to your will and trust. Adjust distribution instructions as children grow to ensure each beneficiary gets what they need in the manner that best suits them.

DIVORCE

Update beneficiary designations on insurance policies and retirement accounts once the divorce has been finalized. Revise powers of attorney, advance directives or living wills, and HIPAA authorizations. Ensure your will and trust reflect your new wishes and comply with any divorce decrees.

DEATH OF A LOVED ONE

Update guardians, executors, successor trustees, and agents under financial and medical powers of attorney if necessary. Update inheritance distribution provisions if your loved one was a beneficiary of your will or trust.

SIGNIFICANT CHANGE IN WHAT YOU OWN

Review your plan after your salary increases, you receive an inheritance, or you make a large purchase. Address potential issues or needed changes regarding who will inherit what you own.

MOVE TO A NEW STATE OR COUNTRY

Ensure your documents comply with local laws by meeting with a local attorney. If necessary, have new estate planning documents created to comply with the laws of your new state or country.

Life is full of changes, and your estate plan should evolve with them. Stay protected and ensure your wishes are honored by meeting with a qualified estate planning attorney.

In many Latino families, grandparents play a vital role in raising their grandchildren. Whether due to work obligations, travel, or unexpected circumstances, parents often rely on grandparents to care for their children.

Georgia Law Allows Grandparents to Legally Care for Their Grandchildren.

Under Georgia Code § 19-9-132, parents can legally delegate parental authority to a biological grandparent without a time limit. This means that grandparents can make important decisions regarding the child’s education, healthcare, and general well-being.

Why Is This Document Important?

In some situations, parents may need to leave the country temporarily or face immigration concerns, leaving their children in the care of trusted family members. Having this legal document in place ensures that:
☑ Grandparents (or another designated caregiver) can enroll the child in school, authorize medical care, and handle day-to-day needs without legal obstacles.
☑ If a parent is deported or detained, the child remains in a safe and stable environment with a legally authorized caregiver.
☑ The process is simple and does not require court approval, making it an effective tool for families in need.
Who Can Be Designated as a Caregiver?
☑ A biological grandparent (without a time limit)
☑ Another family member or close friend (for up to one year)
This document, known as a Power of Attorney for the Care of a Minor Child, allows parents to ensure that their children are protected, even if they are unable to be present.

Take Action to Protect Your Children

If you are considering granting temporary or long-term caregiving authority to a family member, we can assist you in drafting the necessary legal documents. Contact us today to ensure your children are protected and cared for by someone you trust.

Sending your child off to college is an exciting milestone, but it also comes with important legal considerations. Once your child turns 18, they are legally an adult, which means you no longer have automatic access to their medical or financial information.

To ensure you can assist them in an emergency, it’s crucial to have these two essential legal documents in place:

#1 Advance Medical Directive (“Living Will” in Georgia)

This document allows your child to designate a medical agent in case of an emergency or temporary incapacity. Ideally, you would be named as the agent so that medical professionals can contact you immediately if necessary.
Why is this important?
☑ Once your child turns 18, you no longer have automatic access to their medical records or decision-making authority in case of an emergency.
☑ Without this document, if your child experiences an accident or serious illness, doctors may not be able to share information with you due to medical privacy laws (HIPAA).
☑ If your child has changed their residence and no longer lives in Georgia, this document should comply with the laws of the state where they currently reside.

#2 General Power of Attorney

This document grants you legal authority to manage certain financial and administrative matters on behalf of your child.
Why is this useful?
☑ You will be able to access bank accounts, pay bills, or handle financial issues if your child needs assistance.
☑ If your child studies in another city or country, you can help them without requiring their physical presence.
☑ Your child may delegate common tasks, such as:
“Mom, can you go to the bank and authorize a transaction for me?”
“Dad, can you open a bank account in my name?”

Continue Protecting Your Child Even After They Turn 18

These documents provide peace of mind and ensure that you can continue protecting and assisting your child, even though they are now legally an adult. If you haven’t prepared these documents yet, now is the perfect time to do so before they leave for college.

At our firm, we specialize in estate planning and can help draft these documents according to the laws of the appropriate state. Contact us today to ensure your child is legally protected!

When people think of digital assets, they often think of digital photos and videos. While such things have sentimental value, other types of digital assets, such as cryptocurrency, social media accounts, or online business accounts, can have real, monetary value. Both types of digital assets need to be protected, and the only way to do this is to incorporate them into your estate plan. The following are three steps you can take to protect your valuable digital assets as part of your estate plan.

1. Inventory your digital assets.

Make a list of every online account you use. This list can be a critical resource for your attorney or trusted decision makers when it is time for someone to step in and manage your affairs.

2. Designate a cyber successor.

A cyber successor is someone you trust who can access your online accounts and digital business on your behalf after you are gone or in the event you are unable to manage your affairs (also known as being incapacitated). You may need multiple tools to ensure that this person has the authority to manage your digital assets during your life and after your death.

3. Meet with an estate planning attorney.

During this meeting, we will help you determine the necessary tools to properly protect your digital assets, record your wishes in a legally enforceable manner, and ensure that your legacy continues as you want it to.

Digital assets are a category of commonly overlooked assets that play a crucial role in your estate plan and the legacy you leave behind at your death. It is all right if you did not consider these items when you first created your will or trust; such a mistake is surprisingly common and, luckily, easy to correct.

What are digital assets?
They include all of the following:

Your digital photos and videos saved on your phone, in the cloud, or on an
external hard drive
Files (such as emails, financial documents, digital business records, etc.)
stored in the
Cloud or on your computer’s hard drive
Cryptocurrency
Nonfungible tokens
Domain names (URLs)
Social media profiles (e.g., Facebook, LinkedIn, X, TikTok, Instagram, Twitch)
Content creation accounts (e.g., YouTube)
Affiliate marketing accounts (e.g., Amazon, Google, ClickBank)
Accounts associated with e-commerce businesses (e.g., Etsy, Shopify)
Physical device backups
Databases (e.g., medical records, cloud storage services)

Such digital assets often carry significant real-world value and, in some cases, generate substantial income. Examples include cryptocurrency wallets, domain names (URLs), monetized YouTube channels, influencer accounts, and digital business platforms. These assets may represent a meaningful portion of your estate, sometimes even its most valuable components. You can no longer afford to adopt a wait-and-see approach. Whether or not you proactively plan, your legacy now includes more than just the monetary inheritance, family heirlooms, and personal property you intend to pass along. In today’s world, you must also consider and create a plan for your digital assets. To that end, here are three tips to help you create or update a plan to properly manage, transfer, or preserve your digital assets.

#1 Inventory your digital assets.

Make a list of every online account you use. If you run a business, be sure to include spreadsheets, digital records, client files, databases, and other digital business documents. Not only will you need this information for your estate plan, but it will also play a crucial role in any business succession plan you create. If it exists online or in the cloud, connects to it, or pertains to it, put it on the list for your attorney and your trusted decision-makers (agent under a financial power of attorney, executor or personal representative, or successor trustee). This list can act as a critical resource when someone needs to step in and manage your digital assets.

#2 Designate a Digital Fiduciary (Sometimes Called a Cyber Successor):

This is someone you trust who can access your online accounts and business on your behalf if you are incapacitated or after your death. In most cases, this person will also serve in a traditional fiduciary role, such as your agent under a power of attorney, trustee, or personal representative, depending on timing. Access to digital assets is governed by state law (such as the Revised Uniform Fiduciary Access to Digital Assets Act, or RUFADAA, enacted in most states) as well as the terms and conditions of each platform. You should keep your access information secure and consider using the online tools offered by providers (such as Google Inactive Account Manager or Apple Digital Legacy) to ensure your fiduciary can act quickly and legally.

#3 Determine the necessary tools to properly record and carry out your wishes and ensure that your legacy continues as you want

Depending on your unique situation, it may be advisable to fund some of your digital assets into a trust or even include specific access in a power of attorney. We can help you determine the best way to protect and pass on your digital assets, select your trusted decision-makers and beneficiaries, and ensure that the right tools are in place so your assets can be accessible when needed. The laws in this arena are evolving, so any planning you have done in the past needs to be reviewed and possibly updated.

Potential pitfalls of failing to plan for Digital Assets

The worst thing you can do is nothing. Inaction could result in the loss of digital family photo albums, disruption of your business if you are incapacitated, or worse. If this process feels daunting or you are unsure where or how to start, call us. We can help you identify, track, and protect your digital assets to give you peace of mind.