Trusts & Wills Legal Team Serving South Atlanta & the Surrounding Areas
Every adult should have an estate plan whether your needs are simple or complex. In these situations, trust Goldberg & Associates in the Southern Atlanta area. Our firm is skilled in managing wills, trusts and all the other documents needed to plan for your estate. Our team will work closely with you to understand your goals and needs for estate planning.
Many of us put off writing our wills because nobody enjoys dwelling on death. But a properly created will or trust is one of the best things you can do for your family. Die without a will, and the state of Georgia will make the important decisions for you. Call us today.
Living Trusts in the State of Georgia
The best-known difference between a will and a living trust is that a living trust allows your estate to avoid probate at your death. But this is just one of many advantages the living trust has over a will. A well-designed living trust that takes full advantage of recent changes to the law can give you complete control over how your assets are distributed, reduce taxes, assure privacy, protect your beneficiaries, and more.
Do you really need a living trust? This depends on a wide range of factors, but one thing is certain—not all living trusts are created equal. Trusts prepared by non-attorneys or do-it-yourself software have left many families without proper protection. We can put a wide range of trusts to work on your behalf.
Last Will & Testament in the State of Georgia
A last will and testament is an important legal document that outlines how you want your assets distributed following your death. If you have any dependents, you can also use the will to outline their care.
It is important for all adults to have a will, regardless of assets or net worth. Without a will, your property will be distributed according to Georgia’s intestate laws. Creating a last will and testament can help ensure that your final wishes are honored.
A will is especially important if you have minor children or any other dependents. This document outlines who will care for your children and who will become their legal guardian following your death.
Administration of a Trust or Will
At Robert M. Goldberg & Associates, we have the experience and compassion necessary to make the estate and trust administration process as efficient and stress-free as possible. We will guide your heirs with great sensitivity, and work closely with executors, personal representatives, trustees, and other fiduciaries through the court involved probate process from start to finish to ensure your wishes are carried out.
If you have been appointed as a successor trustee, our will & living trust attorneys can help you understand and mitigate the risks of the personal liability you’ve undertaken by accepting to act as trustee. We can also walk you through your duties and responsibilities regarding statutory notice requirements, distribution to beneficiaries, payment of expenses, compliance with the prudent investor rule, income and estate tax consequences and elections, and accounting to the beneficiaries and/or court where required.
What is a Power of Attorney?
When researching wills and living trusts, you may have come across the term power of attorney. This legal authorization designates a certain person who can make important decisions on your behalf. The authorized person can represent you when handling matters regarding your finances, property, or medical care.
A power of attorney is a very important document in an estate plan. If you are ever incapacitated, a trusted individual can make key decisions during this time. However, the power of attorney becomes null and void if the person it represents passes away.
Asset Protection
Asset protection is a complex area of law that aims to protect certain assets from liability. Devastating lawsuits and other losses could affect your personal property, even if the legal matter is related to a business. By employing certain asset protection strategies, you can protect your interests in these events.
Many people believe that asset protection is only for wealthy individuals or corporations. This is not the case; if you own any property, such as a home, you should have asset protection as part of your overall estate plan.
The following situations may put your personal assets at risk.
- Personal injuries that occur on your business premises
- Liability that occurs due to the misconduct of an employee
- Lawsuits that former business partners file against your company
- Liability due to the actions of corporate officers or directors
- Personal injuries that occur in a motor vehicle accident
Your Asset Protection Plan should accomplish two main goals: Protecting you and your spouse from predators looking to make a claim on your assets while you are alive and protecting your children’s inheritance against creditors and predators after you are gone. The latter can involve such issues as ensuring your child’s inheritance is safe should he or she get divorced—no minor concern when you consider that 50 percent of all marriages today end in divorce. Similarly, your grandchildren may need protection to ensure they receive their inheritances if your child dies, and your son-in-law or daughter-in-law remarries. And your children may even need protection from their own decisions if they are not ready or able to handle a large inheritance.
We can show you many methods to protect your assets for your enjoyment during your lifetime, and for the enjoyment of your loved ones after you are gone. Of course, none of these methods are available to you if you don’t have a well-designed plan. The best time to make one is now, with an attorney experienced in Asset Protection Planning, Nursing Home Plans, Medicaid, and VA Pension planning.
If you have assets that need protection, it is important to consult with an attorney who takes your needs seriously. Call (770) 229-5729. Our asset protection lawyers will work tirelessly to support your needs and advocate for your best interests during each legal matter.
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