Wills & Probate

Purpose of Estate Planning Purpose of Estate Planning Estate Planning Strategies Probate Definition & Process Property Controlled By a Will Appointment of Executor Georgia Laws of Intestate

Family law attorney Melanie Prehodka heads up the Wills and Probate division of our firm. You can feel a sense of relief knowing she is working hard to protect your estate and children. Each state has different outcomes if you die without a Will. However, a valid Will determines who will get your property and who will care for your children after your death. Through her years of mentoring, she understands how to advise your representatives and beneficiaries of your estate and settle the final affairs of a deceased person.

If you are interested or know of someone who would benefit from our counsel, please contact the office of Stearns-Montgomery & Proctor to schedule a consultation.

Your estate will generally comprise of all the real and personal property owned by you at the time of your death that has not been already distributed by trust, wills, or intestacy laws. Estate planning allows you to determine the way your estate will be transferred at the time of your death.
SCHEDULE A CONSULTATION

Purpose of Estate Planning

Protecting Assets and Property

Protecting Assets and Property

Estate planning allows you to protect your assets and properties along with the interests of your beneficiaries long after your death from any possible creditors and external claims to property that may emerge in the future.

Designating Beneficiaries

Designating Beneficiaries

Whether it’s the surviving spouse, your children, a cause you support, a distant member of the family, or a group of different individuals—estate planning gives you the freedom to choose the people your estate will be transferred to once you die. In the absence of an estate plan, the property transfer is dealt according to the state’s probate law.

Making Known Medical Wishes

Making Known Medical Wishes

Estate planning also allows you to give health care directives that ensure your medical wishes are known and will be performed as defined if and when you are unable to take your own health care decisions.

Taxes Involved In Property Transfer

Taxes Involved In Property Transfer

Normally, your beneficiaries are liable to pay inheritance tax on your estate. Every dollar paid as tax is the money your beneficiaries are deprived off. Efficient estate planning can minimize the applicable taxes and ensure that the beneficiaries receive the maximum estate allowed by law.

Avoiding Probate

Avoiding Probate

The probate process is time consuming, tedious, and expensive. In addition to that the probate court workings are infuriating slow and coupled with tons of paperwork. Also, probate papers become public knowledge and may create privacy concerns for your beneficiaries. All this however, can be avoided if you plan your estate beforehand.

Providing For Children or Other Family

Providing For Children or Other Family

Your surviving spouse, your children, or any other member of the family can be the designated beneficiary of your estate. Your estate can be used to provide for their living, education, and upbringing expenditure. In case of children younger than 18, you even get to designate guardians who would be responsible for upbringing after you.

Wealth and Asset Management

Wealth and Asset Management

As external influences and circumstances change after your death, it is easier for your beneficiaries to lose out on the wealth you left them. Through efficient estate planning you can devise a thorough wealth management plan that ensure the proper execution and management of your wealth and helps your beneficiaries build upon it.

Find an Estate Law Attorney Near You

our locations

Estate Planning Strategies

The basic purpose of an estate plan is to carry out the specific plans/requirements of the estate owner after his death. There are a variety of tools that can be used to guarantee the most favorable distribution of wealth and assets.

The fundamental strategies used for estate planning are wills and trusts, both of which we discuss in detail below.

Wills

Definition of a Will

In the simplest terms, wills are legal documents that detail out your wishes pertaining to the distribution and transfer of your estate and the upbringing and care of your minor children (if any).

It is sometimes also called the “last will and testament,” because a county court reads it after your death and ensures the due execution of all your final wishes.

In order to make the will enforceable by law, it must be:

  • Presented in writing
  • Should bear your and the witness’ signatures
  • Passed through the probate process of the State.