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Author Archive for: ‘Brian’

  • Is Your Will Valid?

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    In 2015, the Georgia legislature updated the requirements for executing a valid statutory Will.  Does your Will need to be reviewed?  Consider the following points for a Will to be valid in Georgia. 1.    Testamentary Capacity.   In order to have testamentary capacity, which is …

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  • Per Stirpes or Per Capita: Does it Matter?

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    Two ways for distributing property in a testator’s Will are per stirpes (Latin for “by the roots”) and per capita (Latin for “by the heads”). Distributions made per stirpes provide that members of a designated class, for example, all of a testator’s children, including deceased children, shall inherit as members of …

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  • Six Reasons to Consider Creating a Trust

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    Control Asset Distribution.   Your beneficiaries may not be prepared to manage their inheritance.  You can create a Testamentary Trust and appoint a Trustee who will make distributions to your beneficiaries according to your wishes.  For example, your Trust might stipulate that your Trustee make money …

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  • Keep That Asset Out of Probate!

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    Last month’s Hearsay discussed the importance of coordinating the beneficiary designations of your non-probate assets with the beneficiaries in your Will.  Now consider what can happen if you fail to designate a beneficiary of your non-probate assets. Your estate is liable for outstanding claims your creditors have …

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  • Coordinate Your Will and Non-Probate Assets’ Beneficiary Designations

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    A Will is only one part of a comprehensive estate plan.  Make sure the beneficiary designations for your non-probate assets are coordinated with your Will to ensure that the appropriate persons inherit from you. The distribution of non-probate assets, such as investment/retirement accounts and proceeds …

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  • Plan for the New Year

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    Make 2016 the year in which you create or update your estate plan! 1.   Update your beneficiary forms.  The distribution of non-probate assets such as investment and retirement accounts and life insurance policies is dictated by beneficiary designations – not your Will.  Coordinate your beneficiary designations …

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  • Coordinate Your Will and Non-Probate Assets’ Beneficiary Designations

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    A Will is only one part of a comprehensive estate plan.  Make sure the beneficiary designations for your non-probate assets are coordinated with your Will to ensure that the appropriate persons inherit from you. The distribution of non-probate assets, such as investment/retirement accounts and proceeds …

    Read More
  • Plan for the New Year

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    Make 2016 the year in which you create or update your estate plan! 1.   Update your beneficiary forms.  The distribution of non-probate assets such as investment and retirement accounts and life insurance policies is dictated by beneficiary designations – not your Will.  Coordinate your beneficiary …

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  • Off to College? A Health Care Tip for Students and Parents

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    When your child (18 or older) goes off to college, you may be so preoccupied with paying tuition and helping him or her move into the dorm that you overlook one very important fact. By law, your child is an adult! Under The Health Insurance …

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  • Planning Your Own Estate: Are Lawyers Even Necessary?

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    With the advent of the internet, many people have turned to online resources to draft their own Will and other estate planning documents.  Has the need for estate planning attorneys come to an end? In an episode of the 1980’s sitcom Family Ties, Alex (Michael J. …

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