Wills – Trusts – Estate Planning

Atlanta Gay & Lesbian Estate Planning Attorneys

For gay and lesbian individuals and couples in Atlanta and throughout Georgia, proper estate planning is crucial and requires competent and experienced legal guidance. Proactive legal planning is the best way to ensure that your wishes are followed in the event of untimely death. Indeed, without proper estate planning (and regardless of a domestic partnership agreement), your assets would be distributed according to Georgia law, which favors biological relatives over your beneficiary of choice.
Our trusted attorneys will make sure that your wishes are followed precisely and your property is allocated according to your instructions.


Wills, Trusts, Estate Administration Attorneys in Georgia

Our Atlanta family law attorneys focus on all aspects of estate planning for Georgia’s gay, lesbian, bisexual, and transgender individuals and couples.

Sample types of estate planning we assist with are:

  • Wills: We draft Last Wills & Testaments with clients to ensure their wishes concerning dependents, funeral arrangements, and the distribution of certain types of property are legally established and protected.
  • Trusts: Our clients often find that trusts are the best way to manage their estate. The primary advantages of trusts are that they avoid the probate process and minimize the cost of property distribution.
  • Financial Powers of Attorney: We can draft a financial power of attorney that will give you the ability to specify who is able to make decisions concerning finances and property on your behalf.

With a wide-reaching knowledge of Georgia law concerning wills, trusts, estate planning, probate and estate administration, Kitchens New Cleghorn is the top choice for protecting your property and assets. We can give you peace of mind in knowing that your wishes will be followed after your death.

 

Confidential Will Questionnaire

Confidential Will Questionnaire

General Information:

Address
City
State/Province
Zip/Postal
Country
( If there was a Divorce, please have a copy of the divorce decree available.)
if yes, please have it available
If yes, please provide their information below

Please list all of your children (add as many rows as needed):

Address
City
State/Province
Zip/Postal
Country

Parent Information

Address
City
State/Province
Zip/Postal
Country

Please List all of Your Siblings and Age(or date of death):

Specific Bequest

In many situations a person tells family members how (s)he wants the personal property dived. Generally, these items are not specifically mention in the will. this leaves you free to create a separate list that you may change whenever you like without having to rewrite your will. You can use the will to make sure specific bequest if you are concerned your wishes will not be honored. A specific bequest may also appropriate if you intend to leave an item to a non family member. Please list below the specific item(s) you want to distribute. Add as many columns needed.

Specific Bequests of Property to Specific Person:

Pet

Beneficiaries of your Estate

Please think about who you want to name to inherit your estate. You must also consider who will inherit the balance of your property (after the executor distributed the specific bequest, if any). Example: DO you want everything to go to your partner? If you have children, do you want to provide for them? Grandchildren? Other family member? Do you want everyone to receive equal shares?

Name the persons(s) to whom you want to leave your estate:

Name the persons(s) you wish to be the alternate beneficiary of your estate:

If yes, how many distribution of property, and at which ages?

Trust(s) for children and beneficiaries who are minors:

Guardian of Minor Children:

If you have children under the age of 18 you need to consider a guardian. Natural parents have priority in these matter. You can name someone to be the guardian of the person and of the estate. If you do not name a guardian, and there is no natural parent, the probate court will appoint one for any minor child(ren).
Address
City
State/Province
Zip/Postal
Country
Address
City
State/Province
Zip/Postal
Country

Executor

Every will needs an individual to act as executor. This is the person responsible for collection all the property at the time of death and paying all legal debt, taxes, and expenses out of the property collected. The executor is also responsible for distributing the remaining property to the people named in your will. The executor can be anyone over the age of eighteen or it can be an institution. It is advisable to name alternate executor in case the first person is unable or willing to accept responsibility. Your executor will be compensated from estate assets according to schedule set by Georgia law. The executor may choose to waive this fee.
Address
City
State/Province
Zip/Postal
Country

Will Contest

Consider whether any family member is apt to file a will contest. If you think that may happen, you may want to include a provision to deter people from filling a will contest. You may provide that anyone contesting the will receives nothing from the estate. Generally, you will need to leave a specific bequest sufficient to make an heir think twice before contesting your will.

Tax Issue

In order to determine if tax planning is required for your estate it is important to estimate the overall value of accumulated property. This includes life insurance and all property listed in your name. The 2013 exemption for federal estate is $5 million, but it has been as low as $1 million in recent years. If your total estate is over $1 million, more extensive estate planning may be required. We will discuss the alternatives at the interview.
If yes, please list below whom you want to name as your attorney-in-fact ( the person to whom you are giving the authority to act on your behave)
(Note that a guardian can be appointed for you by a judge if you lack a financial power of attorney and, if you own property and account jointly, the person who is the joint owner has some ability yo act for you if you cannot act).
Address
City
State/Province
Zip/Postal
Country
Address
City
State/Province
Zip/Postal
Country
Address
City
State/Province
Zip/Postal
Country
Address
City
State/Province
Zip/Postal
Country

Prior Gifts, Inheritances, Wills and/or Trusts

Assets

Generally, a will does not list every item of property that you want to convey following your death. However, it is important to list the form of ownership and the approximate value of your property. If you are unsure as to the form of ownership you can ask your insurance agent or your mortgage holder. If you are still unsure please have the documents available and we will review them together. It is important that you complete the answer concerning the following assets as best you can.

A. Real Property (e.g. residence, vacant land, rental property, vacation home)

Please have your deeds ready for review
Address
City
State/Province
Zip/Postal
Country

B. Bank Accounts

C. IRAs , Retirement plans (including 401k Accounts)

D. Stock, Bonds, Mutual Funds (Including U.S. Saving Bonds)

E. Titled Vehicles

F. Other Important Assets (e.g. Stamps/Coins/Other Collection, Business Interest, Partnerships, Lottery Winnings)

G. Life Insurance Policies

ADDITIONAL INFORMATION

Please list the names, address, telephone number of other persons who serve as advisors to you:

Disposition of Body

Sending

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