CarterFranklin, LLP

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Estate Planning

 Estate PlanningIn conjunction with planning for the expenses of retirement, healthcare, and long-term care, CarterFranklin advises those individuals and families of all ages in planning for the otherwise unexpected events of life and in planning for managing and transferring wealth. As a basic estate planning package for families, CarterFranklin provides Wills containing trust and guardianship provisions for children, Advanced Directives for Healthcare, and Durable Financial Power of Attorneys. This estate planning package provides ultimate peace of mind for new and established families.

One astonishing point for many of CarterFranklin's clients on the first consultation, is that, pursuant to Georgia law, if one spouse passes without a Will but with children, the spouse will likely be entitled to only a portion of the deceased spouse's estate. The remaining property would vest in the children, subject to a conservatorship for the minors. Using a Will, individuals can circumvent the defaults under Georgia law and devise and bequeath all property to their spouse or anyone of their choice.

The Georgia Advance Directive for Healthcare incorporates what was formerly referred to as a Living Will (document that allowed you to express your wishes for healthcare treatment in the event you became incapacitated) and a Healthcare Power of Attorney (document that allowed you to appoint someone to make healthcare decisions for you if you became incapacitated and had not made your wishes known). Thus, the Healthcare Directive, in one document, now allows you to express your treatment preferences and appoint someone to make treatment decisions for you in the event you become incapacitated and have not made your treatment preferences known for a particular scenario.

A Financial Power of Attorney allows you to appoint someone to make financial decisions and perform transactions on your behalf. You can give them immediate power that will continue even if you become incapacitated. This allows your agent to conduct your business without having to go to court and be appointed your conservator, although in some cases that may still be necessary.

CarterFranklin provides more sophisticated Will and Trust planning for families concerned with estate taxes, spendthrift beneficiaries, and other difficult estate planning issues. In sum, CarterFranklin assists clients with:

  • Last Will and Testaments
  • Trusts
  • Advance Directives
  • Financial Power of Attorneys