Estate Planning

Experienced, Detail Oriented Estate Planning Attorneys

At Durden & Mills, PC, we provide counsel and advice regarding a broad spectrum of Georgia estate and elder law issues. In Georgia, our relatively streamlined and efficient probate procedures make the testamentary will an efficient and cost-effective vehicle for the transfer of assets from one generation to the next. However, for persons whose estates are likely to be substantial enough to make tax planning a serious consideration, it is important to address those issues properly so your family will be able to avoid unnecessary taxes at the time of your death.

Our Georgia estate planning lawyers will also help you plan for sudden incapacity. Durable and medical powers of attorney will authorize trusted persons to manage your financial and healthcare interests in periods when you cannot do so for yourself, and an advance directive to physicians will remove any doubt as to your personal preferences and expectations for extended life support during a final illness or irreversible condition.

Estate Planning is the process whereby a person develops a plan and prepares documents to conserve, protect, and distribute estate assets before and after death for the benefit of loved ones and charities, taking into consideration the effect of state and federal tax and administrative laws and regulations. It can also involve planning for the use of your assets for your care if you become unable to manage your affairs during your lifetime.

If you own a home, have some savings, or own any goods such as a car or furniture, then you have an estate. Planning for the future will affect the financial security of those you love. If you don’t plan for what happens to your estate upon your death, the government will make those decisions for you.

You should have an estate plan if:

• You care about who inherits your property.
• You care about your health care treatment.
• You are the parent of minor or disabled children.
• You want to avoid the court proceedings of a possible guardianship and/or probate case.

Whether you are new parent, recently married or just revisiting your previously established estate plan, it’s always a good idea to meet with a Georgia attorney regarding your estate plan. Wills of Georgia residents will be probated in Georgia, and Georgia laws will determine the meaning and validity of those wills.

Here are some of the issues we evaluate for our estate planning clients:

• Determining validity of existing will, if any.
• Establishing distribution plans.
• Adjusting distribution plans due to changed circumstances.
• Designating personal representatives.
• Designating guardians for minor children.
• Avoiding probate Minimizing estate taxes.
• Determining the need for a Durable Power of Attorney or a Health Care Directive.

While each situation is different, an attorney who regularly practices in the field of Georgia wills, trusts, probate and estate planning is able to provide you with sound legal advice as you put your estate plan into place. Of equal importance is the need to annually review our clients’ estate plans and asset protection strategies to account for changes in laws or the acquisition or disposition of assets. The costs of failing to update are typically greater than the costs of keeping your estate plan and asset protection strategies current.