Protect your loved ones with the help of an experienced family law, trust, and estate planning attorney in Marietta, GA. For over 40 years, The Howard Law Firm has represented Georgia residents in probate, guardianship, and family law cases, among others.
We also draft custom estate plans that strategically dispose of assets per our clients' wishes. If you want to bequeath real estate, or gift vehicles, personal belongings, intellectual property rights, cash, or any other assets to specific beneficiaries, give The Howard Law Firm a call at (770) 928-6886 for a free consultation.
Who Needs an Estate Plan?
We often think of the elderly as the only ones who need to have an estate plan in place. However, regardless of age, anyone who has assets or loved ones should have an estate plan. This can be especially important for young families to ensure their children and loved ones are protected if faced with a tragedy.
Intestate Succession
Estate plans perform an important function that benefits all families. The assets of an individual who dies intestate, or without an estate plan, will go through the probate court and be distributed as dictated by statutory law. This process rarely reflects the actual intent of the recently departed. Hiring an attorney who specializes in estate planning takes the decision-making power away from the state legislature and probate judge and rightly puts it in the hands of the client.
Estate Planning Services
An estate plan consists of several instruments, such as a will, advance health care directive (AHCD), HIPAA authorization, and others. At The Howard Law Firm, we offer custom-tailored estate plans focused on the client's intent, while also taking into consideration the estate size, and the client’s budget. Our services include:
Revocable and irrevocable trusts are sometimes used as estate planning documents because they allow a client's assets to avoid probate court. While this option can potentially speed up the distribution process, there are significantly higher upfront costs to properly create, fund, and suitably maintain a trust.
Wills can range from the very basic to the very complex. They serve as a record of the client's intent regarding an estate and must pass through the probate court to gain effect. Since trusts have gained popularity, clients often choose to include a Testamentary Trust in their will that can accomplish many of the benefits of a trust without the ongoing maintenance.
An advance directive for health care (ADHC) allows for the client to designate a specific individual to carry out his/her wishes regarding health care and end-of-life decisions. This directive includes orders regarding resuscitation, organ donation, interment, and other matters.
A financial Power of Attorney allows the client to designate a specific individual to act for the client in various financial matters. The POA can be structured to grant this authority immediately, or only if the client becomes incapacitated.
HIPAA authorizations name specific people who can access and read a client's medical records. Typically, a client will designate the same individuals in both the ADHC and HIPAA authorization.
Probate Court Proceedings
The Howard Law Firm represents both named beneficiaries and unnamed heirs. If an heir or beneficiary challenges a will, or if someone dies without a will, individuals may wish to seek representation to protect their interests and ensure the estate is properly administered.
If you believe you have a claim as an heir or beneficiary, or if you need help with the administration of an estate, you will need an experienced attorney to protect your rights and guide you through the process.
Guardianships can be useful to protect those who can’t protect themselves. For various reasons, individuals sometimes are unable to make crucial decisions relating to their own physical well-being, whether it is due to being a minor, having advanced Alzheimer's, dementia, or traumatic brain injury. A guardian can shield them from harm by making sound health care decisions on their behalf.
Whereas a Guardianship protects an individual’s physical well-being, a Conservatorship is designed to protect a person’s financial well-being. Guardianships and Conservatorships often require continued court oversight to ensure both the individual’s well-being as well as proper resource management.
If you need a probate or estate planning attorney in Marietta, GA, contact our friendly staff at The Howard Law Firm by dialing (770) 928-6886 and schedule a free consultation. We provide legal services to residents of Cobb County, Cherokee County, Bartow, Paulding, and surrounding counties/communities.