67% of Americans do not have a will or living trust. Life gets in the way, and many of them simply never had the time to get around to it. Estate planning can feel like a grim discussion, but it can also be a final message of love and a heartfelt goodbye.

The decisions you make can ensure your loved ones will be taken care of even after your passing. Unfortunately, the process of making these decisions is a daunting one. Aside from dividing your assets, you also have to take your insurance and liability into consideration.

That’s why it’s essential to work with the right lawyer for wills and trusts. This article covers seven essential questions you should ask an estate planning lawyer. Read on to learn more.

1. How Long Has the Attorney Been Practicing in the Areas of Probate, Trusts, & Estate Planning Law?

When searching for a lawyer for wills and trusts, you want someone who has been around the block. A lawyer who has worked in probate, trusts, and estate planning cases should be able to handle your needs.

A seasoned lawyer understands estate planning and can offer wise legal advice for wills. They can also help you anticipate and solve issues that arise.

Look for an attorney with several years of experience in probate and estate planning. The more time they have spent specializing in this area, the better they can manage your case.

2. What Percentage of the Attorney’s Practice Is Devoted to Probate, Trusts, & Estate Planning Law?

When writing a will, your attorney should be well-versed in estate planning laws. You wouldn’t go to a general practitioner for heart surgery. Why settle for a general lawyer when dealing with your estate?

If an attorney spends the majority of their time working on probate, trust, and estate planning cases, it means they are likely well-versed in the current laws and best practices in this field.

Aim for a trust and estate lawyer who dedicates at least 50% of their practice to estate planning. The higher the percentage, the more focused and knowledgeable they are likely to be. Also, make sure these lawyers can give you practical and valuable estate planning tips throughout your contract.

3. How Much Should You Pay for Your Estate Plan?

Understanding the cost ahead of time can help you budget and avoid surprises. Estate planning fees can vary depending on the complexity of your situation and the attorney’s experience.

It’s essential to get a clear idea of the costs involved so you can compare different services. Some estate planning lawyers charge a fixed fee, while others may bill hourly.

Ask for a detailed breakdown of costs. Knowing the cost upfront allows you to budget and avoid any surprises later on. Your lawyer should give a clear breakdown of their fees and what services are in your contract.

4. Will the Attorney Provide a Written Fee Agreement?

Written fee agreements are responsible for outlining the fees you’ll pay. It also specifies the services that it covers in the attorney-client contract.

Having everything in writing protects you and ensures there are no misunderstandings about the scope of the services or the cost. It also demonstrates the attorney’s professionalism and transparency.

Make sure your attorney gives you a clear, written fee agreement before starting any work. Having everything documented ensures clarity and prevents misunderstandings down the road. If the attorney hesitates or declines to provide this, see it as a warning sign.

5. Does the Attorney Require a Retainer?

Retainers are upfront fees that a lawyer for wills and trusts may need to secure their services. It acts as a down payment for future legal work.

Understanding if you need a retainer and how it affects your costs can help you manage your finances better. It also gives you an idea of the attorney’s billing practices.

Ask whether you can get a refund for the retainer if you decide not to proceed with the lawyer’s services. An estate planning attorney should be capable of explaining their retainer policy to their clients.

6. Does the Attorney Appear Knowledgeable and Interested in Your Situation?

Your estate plan is a personal matter. You want an attorney who is not only knowledgeable but also has a genuine interest in your case.

An engaged attorney is more likely to provide personalized advice and work diligently on your behalf. Their interest in your situation can show their commitment to helping you achieve your goals.

Pay attention to how your estate planning attorney listens and responds to your questions. A knowledgeable estate planning attorney will ask insightful questions about your situation. They should be able to provide detailed, understandable explanations.

7. Is the Attorney Friendly and Easy to Talk To? Does His/Her Manner Put You at Ease or Does It Make You Uncomfortable?

The attorney-client relationship relies on building trust and communication. You need to feel comfortable discussing your personal and financial matters openly.

If you’re uncomfortable or feel that the attorney is dismissive, it could hinder effective communication and the planning process. You want someone who puts you at ease and makes you feel confident in their abilities.

Choose an estate planning attorney who is approachable and empathetic. Their manner should be professional yet friendly, making you feel heard and respected.

Find the Right Lawyer for Wills and Trusts Today

Selecting the right lawyer for wills and trusts is important for creating a solid estate plan that secures your loved one’s future. These essential questions will help you find a knowledgeable and trustworthy estate planning attorney. Take your time, do your research, and choose your attorneys wisely.

There is no such thing as too soon when it comes to protecting your legacy. Rhodes Law Firm specializes in comprehensive estate planning tailored to your needs. From wills and trusts to durable power of attorney, probate, and planning for second marriages and your children’s future, the expert guidance of our qualified attorneys is here for you.

Contact us today for a consultation and let us help you secure peace of mind for you and your loved ones.

According to a 2023 survey, 58% of Americans have experienced disputes personally or know of conflicts others have had over a lack of estate planning. Some have found that rather than being distributed according to their late loved one’s wishes, their assets fall under the control of the courts. However, these stressful situations can be avoided with good estate planning.

Meeting with an estate planning law firm is an essential first step in getting your affairs in order. But what do you need to know before you meet? What steps can you take to help the attorney protect your interests?

Let’s explore the answer together.

Find the Right Estate Planning Law Firm

As we learned from Aretha Franklin, a little professional help goes a long way. Years of legal wrangling followed her demise, all because of a lack of professional estate planning. However, this doesn’t mean that you should just work with the first estate planning law firm you find.

Recommendations and Reviews

Recommendations from friends and family are a great place to start. Online reviews can be helpful, but remember that they are not always reliable. Look for high-quality testimonials from people in a position similar to your own.

Also, when you start making inquiries, don’t be afraid to ask about costs. Many people put off estate planning because of fear of costs, which is probably a fear of the unknown. Reputable estate planning law firms will be upfront and transparent about their fees.

How Long Have They Practiced Estate Law?

Estate planning is complex, and in the wrong hands, it can be fraught with difficulties. That’s why it’s essential to find out how long the estate planning law firm you are thinking of hiring has been in business. This is not a time to take a chance on an upcoming firm–you need a firm you can trust.

Additionally, experienced firms are more likely to keep abreast of changes to the law and know how to navigate these. For example, the tax bill Donald Trump signed into law in 2017 has had a big impact on estate planning. However, some of its provisions expire at the end of 2025.

Is your attorney familiar with these and other laws? Can they take advantage of them? Protect your assets by looking for a firm that specializes in this area of law and has done so for a considerable period of time.

Do They Solely Focus on Estate Law?

It is also worth asking the law firm what percentage of their practice focuses on probate, wills and trusts, and estate planning law. You don’t want to work with a firm that does a little estate law on the side but mainly specializes in other areas.

This is because they may not be aware of all of the legal provisions for reducing your tax burden when passing your estate on to your heirs. Thorny issues like second marriages and protecting your children require the knowledge, skills, and discretion of experienced estate law specialists. Ideally, choose a firm that focuses solely on estate planning.

The Cost of Estate Planning

One reason people put off estate planning is because of fear of how much it will cost. However, the alternative to paying for an estate plan now is paying court costs from your estate. The court will appoint a guardian for your children and someone to distribute your assets.

The person the court appoints may be someone you would never have chosen. Also, they will divide your assets according to what they think is best, not in accordance with your wishes. The takeaway is that it is much better to find out the cost of estate planning now and budget for it rather than lose control after your death.

Discuss Costs Upfront

A trustworthy estate planning law firm will be upfront about costs from your first discussions onward. If they provide flat fee services, they will give you a written fee agreement that outlines exactly what is included. This means there will be no unpleasant surprises down the line.

If your estate is more complex, they are more likely to work at an hourly rate. If they do, you will usually have to pay a retainer. This will pay for onboarding and go towards your final bill.

Make Sure You’re Comfortable

From your first contact with an estate planning law firm, you will get a sense of how friendly and professional they are. In effect, you are entrusting them with protecting your children and your assets, so it is vital that you feel comfortable when working with them.

Try to assess how knowledgeable and interested the attorney is. Do they listen carefully to try to ascertain exactly what you want? If they hedge questions, are vague, or have to research basic points, this is a warning sign.

It’s also vital that they put you at ease and are easy to talk to. After all, you need to open up about confidential matters, so it’s crucial that you have confidence in them.

Now You’re Ready to Meet Your Attorney

Follow the tips above, and you’ll be ready to make the most of your first meeting with an estate planning law firm. Many attorneys are vying for your business, but here’s why Rhodes Law Firm, PC, is the right choice.

We are dedicated solely to elder care law, including estate planning. We have honed our skills and expertise through more than 40 years of helping our clients organize their affairs. We want to help you prepare your estate to benefit your loved ones so you can get on with enjoying your life.

Contact us to talk to an experienced estate planning attorney today!

As you sit in your favorite armchair, sipping a cup of coffee and flipping through old photo albums, your mind drifts to the future. What legacy will you leave for your children?

Estate planning may not be the most fun topic, but its significance cannot be overstated.

Let’s go through the benefits of planning for your children when it comes to estate planning.

1. Financial Security

Financial security is a crucial aspect of estate planning, especially when it comes to providing for your children’s future.

Estate planning allows you to set aside funds specifically for your children’s education expenses. That ensures they have the financial resources to work towards a higher education without being stuck with student loans.

A good lawyer can help you explore the different types of trusts available for your needs.

In the unfortunate event of your untimely death, estate planning can include life insurance policies or other mechanisms to replace lost income. That helps ensure that your children’s financial needs are met even without your earning capacity.

2. Preserve Your Legacy

Estate planning allows you to articulate your values, beliefs, and life lessons to your children. That’s done through distribution of assets, charitable giving, and other provisions, ensuring that your legacy lives on through them.

It can involve bequeathing family heirlooms, artifacts, and other items of cultural or historical significance to your children. That preserves your family’s heritage for future generations to cherish and appreciate.

Adding charitable giving into your estate plan can instill a spirit of philanthropy in your children. That teaches them the importance of giving back to the greater Georgia community and making an impact on the world, even if your children are adults.

3. Guardianship

You can also protect your young children’s day-to-day life through estate planning. It allows you to choose a guardian for your underage children in the event of your incapacity or death.

This ensures that someone you really trust will be responsible for their parenting and upbringing. That provides them with stability and protection during a difficult time.

Estate planning enables you to select a guardian who shares your values, beliefs, and parenting style, ensuring that your children are raised in an environment that aligns with your wishes and provides continuity in their upbringing.

4. Reduce Family Conflict

Estate planning allows you to clearly outline your wishes about asset distribution and other major decisions concerning your children.

This transparency can help prevent misunderstandings and disagreements among family members by ensuring everyone knows your intentions.

By creating an equitable estate plan that treats each child fairly, you can reduce the likelihood of resentment or disputes among siblings. Clearly defining how assets will be divided can help prevent perceptions of favoritism or inequality.

In cases where certain family members are chosen for specific roles, such as executor, trustee, or guardian, estate planning allows you to provide explanations for your decisions. This transparency can help prevent feelings of resentment or suspicion among family members.

5. Avoid Probate

No one wants to end up dealing with an estate in probate.

Probate can be a time-consuming process, delaying the distribution of assets to beneficiaries. By creating a comprehensive estate plan that utilizes tools such as trusts, joint ownership, and beneficiary designations, you can ensure a smooth and efficient transfer of assets to your children without the need for probate.

Estate planning lets you choose how your assets should be divided among your children, bypassing the default rules of intestate succession imposed by probate. This flexibility enables you to tailor your plan to meet the unique needs and circumstances of your family members.

6. Business Succession

If you own a family business, you’ll definitely want to have an estate plan.

It allows you to ensure the smooth transition of ownership and management of the family business to your children. By clearly outlining your wishes and intentions, you can maintain operations continuity and preserve the legacy of the business for future generations.

In your estate plan, you can outline provisions for the training and development of your children to prepare them for leadership roles within the business.

This may include mentorship programs, educational opportunities, or hands-on experience to help them acquire the skills and knowledge needed to manage the business effectively.

7. Divorce or Lawsuit Protection

Estate planning allows you to shield your children’s inheritances from potential creditors. That includes ex-spouses in the event of divorce or litigants in the event of lawsuits. By utilizing trusts or other protective mechanisms, you can ensure that your assets remain within the family and are not subject to division or seizure.

If you have children with special needs, substance abuse issues, or other vulnerabilities, estate planning allows you to establish trusts or other arrangements that protect their inheritances from potential threats.

This ensures that they receive the support and care they need without being placed at risk in the event of divorce or legal action.

8. Community Impact

Advance planning allows you to allocate funds or assets to charitable organizations and causes within your community that align with your values and priorities.

By including provisions for charitable giving in your estate plan, you can make a positive impact on the issues and organizations that matter most to you and your family.

9. Peace of Mind

Making sure your estate is planned for is helpful for your entire family’s peace of mind.

Involving your children in the estate planning process and educating them about financial matters can empower them to make informed decisions in the future.

Knowing that your children are equipped to handle their inheritance responsibly can offer peace of mind as you plan for their future.

By taking the time to create a comprehensive estate plan that prioritizes your children’s well-being, you are demonstrating your care and responsibility as a parent. Knowing that you have taken steps to provide for your children’s future can bring peace of mind and a sense of fulfillment.

Planning for Your Children: Start Today

There are a lot of reasons you should integrate planning for your children into your estate planning.

Do you want some help with your estate planning? Rhodes Law Firm, PC  has been dedicated to helping Georgia locals like you for over 40 years.

Contact us today to learn more about our services.

How to prepare for death is a topic often avoided, yet it’s a crucial aspect of responsible financial planning. Surprisingly, two-thirds of Americans have no estate plan in place, leaving their loved ones vulnerable to a financial quagmire upon their passing.

Without a clear plan in motion, assets may be distributed haphazardly. This can lead to disputes and unnecessary stress for grieving family members. However, by addressing this uncomfortable reality head-on and taking proactive steps to organize finances, individuals can ensure that their legacy is preserved and their loved ones are provided for in their absence.

In this blog post, your expert team at Rhodes Law Firm will highlight the key steps you should take to ensure you are prepared for your passing, well before the time comes. Ready? Let’s get started.

Create a Will

Creating a will is the cornerstone of preparing for death from a financial perspective. It’s akin to crafting a blueprint for the distribution of your assets and the care of your loved ones after you’re gone.

With a will in place, you gain the power to dictate who inherits what, whether it’s your savings, property, or sentimental possessions. Additionally, you can designate guardians for any minor children, ensuring they’re cared for according to your wishes.

Fortunately, the process of making a will doesn’t need to be daunting. Seeking professional assistance from a lawyer can provide peace of mind, especially if you have significant assets or complex family dynamics.

However, even a simple will, written with clarity and witnessed properly, can serve as a legally binding document to protect your interests and provide clarity for your loved ones during a difficult time.

Establish a Trust

Establishing a trust is another vital step in preparing for death from a financial standpoint. Think of it as creating a secure container to hold your assets and distribute them according to your wishes.

Unlike a will, which becomes effective only after your passing, a trust can take effect during your lifetime or after, providing flexibility in managing your affairs and ensuring your loved ones are taken care of.

Setting up a trust allows you to avoid probate, the legal process of validating a will, which can be time-consuming and costly. By transferring assets into a trust, you can streamline the distribution process and maintain privacy, as trust documents typically remain confidential.

Moreover, trusts offer greater control over how and when your assets are distributed, allowing you to specify conditions or restrictions to protect beneficiaries and preserve your legacy. Consulting with a legal professional can help you navigate the complexities of trust creation and ensure your wishes are accurately reflected in the trust document.

Designate Beneficiaries

Designating beneficiaries is an essential part of preparing for death financially. It’s a straightforward process of specifying who will receive your assets after you pass away.

This step is particularly crucial for accounts like retirement plans and life insurance policies, where you have the option to name beneficiaries directly. By doing so, you ensure that these assets transfer directly to your chosen recipients, bypassing the potentially lengthy and costly probate process.

Updating your beneficiary designations regularly is key, especially when significant life events occur, such as marriage, divorce, or the birth of children. By keeping your beneficiaries current, you ensure that your assets go to the intended recipients. This avoids any confusion or disputes among family members.

Plan for Taxes

Death and taxes may be inevitable, but with proper planning, you can minimize the tax burden on your estate. When it comes to preparing for death from a financial perspective, understanding and planning for taxes is crucial.

By working with a financial advisor or tax professional, you can assess the potential tax implications of your estate plan and explore strategies to mitigate them. From gifting assets during your lifetime to setting up trusts, there are various options available to help reduce estate taxes and preserve your wealth for future generations.

Taking proactive steps to plan for taxes can significantly impact the amount of assets that ultimately pass on to your beneficiaries. By strategically managing your estate, you can maximize the value of your legacy and ensure that your loved ones are well provided for after you’re gone.

Consider Long-Term Care Planning

Long-term care planning is another crucial aspect of preparing for death from a financial perspective. As we age, the possibility of needing assistance with daily activities increases, and long-term care costs can quickly deplete savings if not adequately planned for.

By taking proactive steps to address potential long-term care needs, individuals can protect their assets and ensure they receive the care they deserve in their later years.

Exploring options such as long-term care insurance or setting aside funds specifically for future care needs can provide peace of mind and financial security. Planning for long-term care also involves evaluating different care options and discussing preferences with loved ones.

Communicate Your Wishes

Finally, don’t underestimate the power of communication when preparing for death from a financial standpoint. Openly discussing your end-of-life wishes and estate plans with your loved ones can provide clarity and guidance during a challenging time.

By sharing your intentions regarding asset distribution, funeral plans, and other important matters, you can prevent misunderstandings and conflicts among family members.

Having these conversations may feel uncomfortable. However, they are essential for ensuring that your final wishes are understood and respected. By openly communicating your desires, you can alleviate potential stress and uncertainty for your loved ones and ensure that your legacy is carried out according to your wishes.

How To Prepare for Death

Preparing for death may not be a pleasant topic, but it’s a necessary one. By taking simple steps to organize your finances and communicate your wishes, you can ensure a smoother transition for your loved ones when the time comes.

If you are interested in learning more about how to prepare for death from a financial standpoint, speak to us. Here at Rhodes Law Firm, state planning, wills, trusts, long-term care planning, and more. Click here to contact our experienced professionals.

Those with children from prior relationships must consider the impact of 2nd marriages on their children’s ability to inherit. About 50% of adults remarry within five years of a divorce, with 18% of blended families having at least one stepchild. Measures also reduce impact if you fall into the 60% category of failed second marriages.

Regardless of the positive attitude of your new spouse toward children from a prior relationship, planning for/protecting your children is a priority. Once a parent dies, if the entire estate goes to their new spouse, that person has total power over the assets. This may result in children being disinherited.

We will share tips on protecting your children and their inheritance, whether they are six or 60 when you remarry.

Update Beneficiaries

Numerous financial accounts require designating a beneficiary to receive the assets upon death. The primary beneficiary gets all funds in the account. If there is more than one primary, all primaries receive equal amounts.

Contingent beneficiaries receive funds only if the primary beneficiaries predecease them. You may designate your children as primary beneficiaries and your second spouse as a contingent beneficiary or vice versa.

After a divorce or becoming widowed, check all accounts to determine who you have as a beneficiary of the account. If you remarry, having the proceeds of all or most of these accounts go to your children is one way to secure an inheritance.

• Life Insurance
• Pension
• 401(k), IRA or other retirement accounts
• Existing wills and trusts

Verify who you have as your durable power of attorney, the person on your health care proxy, and your safety deposit box. You don’t want your ex-wife in charge of live-or-die healthcare decisions while your second wife has no legal say in the matter.

Any legal or financial document that designates a person’s decision-making power or specifies beneficiaries must be adhered to, even if you have divorced that person.

Prenuptial and Postnuptial Agreements

These contracts determine the division of assets following a divorce or death. They specify the holdings of each person and the distribution of assets when the marriage ends.

Marital contracts ensure an equitable inheritance for both parties and children of prior relationships. You should discuss the advantages and disadvantages of having a marital contract as part of your estate planning packet with your estate planning attorney.

A prenuptial agreement must pass a three-part test pursuant to Scherer v Scherer, 249 Ga.635 (1982) to be enforceable:

• Proof that creation is not the result of duress, fraud, misrepresentation, mistake, or nondisclosure of material facts
• The prenup is not unconscionable
• That enforcement is not unfair or unreasonable

Anyone seeking to enforce the terms of a prenuptial agreement must prove the above. Failure to disclose assets or yearly income may fall under nondisclosure of material facts.

A postnuptial agreement is for people already married when they realize the need to protect assets. They may be necessary in a second or subsequent marriage to secure an inheritance for their children.

Postnuptial agreements must meet the same criteria as prenuptial agreements when seeking enforcement in Georgia. A full disclosure of assets is crucial to ensuring validity.

Wills/Trusts in 2nd Marriages

The individual assets each person brings into the marriage determine the best estate plan.

A will provides instructions for distributing assets after you die. This includes real property, personal property, and guardians for minor children.

Stepchildren do not have any legal inheritance rights to your estate, but your spouse does. Georgia law states that a surviving spouse may receive at least one-third of an estate; the remaining assets go to your children.

If the probate court accepts your will, your spouse receives what you designate in the will. You may leave your spouse out of your will, but they can request the court award them up to twelve months of support.

The Georgia intestate succession rules apply if you don’t have a will. This may leave your children less inheritance than you intend.

The standard probate process in Georgia is governed by Title 53, Chapter 5.  A will becomes a public record, meaning anyone can visit the courthouse where the will is on file, pay a fee, and obtain a copy. The way to avoid having your assets become public records is to place them in a trust.

Trusts

A trust avoids probate and keeps your assets private. The type of trust you need depends on individual circumstances.

A marital trust transfers all assets to your surviving spouse as the sole beneficiary of your estate. This secures your spouse’s future but may leave your children with zero inheritance.

A family trust allows you to designate the distribution of your assets among your surviving spouse, children, and any other beneficiaries you choose. You may also specify percentage allotments and the ages your children need to be before receiving their inheritance.

When appointing a trustee, many select their new spouse. If they do not have a strong, positive relationship with your children, this can create problems.

Select someone you can trust to act in the best interests of your children. If you are unsure of your selection, ask your attorney for suggestions or if they are willing to serve in this capacity.

The laws governing the validity of a trust are in §53-12-4 of the Georgia Code. While there are do-it-yourself wills and trusts available online, ensuring that your estate plan is valid is essential.

Estate Planning Is Tricky

Second marriages increase the importance of careful estate planning and the benefits of hiring an estate planning attorney. They will review your and your spouse’s financial holdings, offering options that protect both parties and their children.

Factors include children from prior relationships, your current spouse, children born of the second marriage, and any prenuptial agreements. You may have established businesses, significant retirement investments, real estate, significant debt, family heirlooms, or other items of value.

Hire an Estate Planning Attorney

Hiring an estate planning attorney ensures you have a legally binding estate plan. Rhodes Law Firm, PC has 35 years of experience, providing guidance in setting up your estate to reduce conflict risks and emotional distress of surviving family members.

Review these examples of why estate planning is crucial in 2nd marriages, then call (706) 724-0405 to schedule an estate planning consultation.