Frequently Asked Questions – Estate Planning
1. I don’t have a lot of money. Do I still need a will?
Yes. A will is not only used to distribute assets, but also to appoint a legal guardian for minor children. Having a will prevents the State from making decisions for your family and helps reduce legal conflicts.
2. Do I need a trust?
There are many types of trusts. Some are designed to protect assets, others to minimize taxes, and others to maintain control over an estate. Whether you need a trust—and which type—depends on your personal and financial situation, which is analyzed during the consultation.
3. Can I disinherit someone?
In Georgia, it is possible to disinherit someone. However, the strategy must be carefully analyzed to achieve the intended goal and avoid legal challenges or unintended consequences.
4. I want a strategy to reduce future taxes.
Tax planning requires a detailed analysis. For example, if one spouse is not a U.S. citizen, higher taxes may apply to transfers at death. These details are reviewed during the consultation to design the most effective strategy.
5. Should I update my will or trust?
Yes. It is recommended to review your estate plan at least every three years to ensure it still aligns with your family situation, assets, and changes in the law.
6. My child is turning 18. What should be done?
Once a child turns 18, they are legally an adult. It is advisable for them to sign advance medical directives and designate you as their medical agent so parents can access medical information and make decisions in an emergency.
7. Who will take care of my minor children if something happens to me?
A will should name a legal guardian in the event of the death of one or both parents. An additional emergency document is also recommended to avoid State intervention if parents are temporarily unable to act.
8. If I cannot care for my children because I am outside the U.S. or ill, who will?
Legal documents should be in place to designate a guardian in these situations, ensuring proper care without State involvement.
9. My spouse does not manage money well. I don’t want them handling my children’s inheritance. What can I do?
You may appoint an independent trustee or a professional trust company to manage the assets, preventing your spouse from freely accessing the funds and protecting your children’s inheritance.
10. If my spouse remarries, can I protect my inheritance from the new partner?
Yes. Through trusts and specific provisions, you can ensure the inheritance remains protected for your children or designated beneficiaries.
11. Does the mortgage end when the homeowner dies?
No. The mortgage remains attached to the property, and heirs must continue payments. Insurance strategies may be used to cover or eliminate the debt.
12. Can I add my children to the title of my house?
This can have serious consequences. There are legal risks, and the transfer may be considered a gift with tax implications. Legal advice is essential before doing this.
13. What happens to properties I own in another country?
We work with attorneys licensed in multiple countries and can help design an international strategy to avoid legal and tax conflicts between jurisdictions.
14. How do I protect my assets from lawsuits?
Protection depends on the type of assets or businesses you own. Legal tools are available, but each case requires a specific analysis.
15. I want a trust to protect me from lawsuits.
Be cautious of misinformation. Many revocable trusts do not protect assets from creditors. The correct structure depends on your specific situation.
16. How do I protect my business from lawsuits?
Beyond legal structure, proper management is essential. Poor management can eliminate corporate protections and expose personal assets.
17. I don’t have anyone in the U.S. to manage my money. What can I do?
For a trust to be considered a U.S. trust, the trustee and control must be in the U.S. Otherwise, it may be classified as a foreign trust.
18. I don’t have trusted family in the U.S.
Professional trustees or trust companies in the U.S. can be appointed to manage assets securely and according to your instructions.
19. Can I name my minor children as beneficiaries of accounts or insurance policies?
Naming minors directly is a mistake. The proper approach is to create trusts for minors and name the trust as beneficiary, avoiding court supervision.
20. U.S. bank account—what should I know?
Planning is required. Accounts with $15,000 or more without a POD/TOD beneficiary often require probate. Inactive accounts for five years may be claimed by the State.
21. Before surgery, my doctor asked for a Living Will. What is that?
A Living Will provides instructions for medical treatment if you become incapacitated. It does not replace a will or trust.
22. What if I don’t die but become incapacitated?
In addition to medical powers, a Revocable Trust provides a strong incapacity plan, ensuring your assets are managed according to your wishes.
23. Are powers of attorney enough to manage my assets if I lose capacity?
Powers of attorney can be risky and abused. A trust is the safest way to ensure proper management during incapacity.
24. A family member passed away. What should I do?
Contact us. Each case is different. If there is a will, it must be submitted to court. Without a will, an intestate probate process is required.
25. If I am not legally married, do I inherit?
In Georgia, unmarried partners do not inherit unless named in a will. Common-law relationships do not create inheritance rights.
26. Why is the consultation not free?
The consultation includes a personalized legal and asset analysis conducted by specialized attorneys.
27. Why must I complete a form listing my assets?
Because every estate plan is unique. There is no one-size-fits-all solution.
28. What happens to my pet if something happens to me?
A Pet Trust can be created to ensure proper care, expenses, and well-being.
29. If I don’t have legal immigration status, can I plan?
Yes. Immigration status does not matter in probate. If you own assets or have minor children in the U.S., planning is essential.
30. What if I own a business with a partner and they die or become incapacitated?
A business succession plan is critical. A properly drafted operating agreement prevents disputes and ensures continuity. Without one, Georgia law applies, often with undesirable results.

