Answering Common Questions About Estate Plans
Creating an estate plan can leave many people uncertain. Experienced legal guidance can help you navigate this process with greater confidence.
At E.J. Boswell Law Office, I help clients in central Georgia make informed decisions about their estate plans. I work with clients to answer their questions and build comprehensive plans that reflect their personal goals and protect their legacy.
What happens if I do not have an estate plan?
When a person passes away without a will, the court distributes their possessions according to “intestate succession” rules. The law defines which of your relatives can inherit your assets during this process, starting with your spouse and children. If you have no relatives that may inherit, your property will pass to the state.
I am just starting out in life – do I really need an estate plan?
You may associate estate planning with older people, but younger people can also benefit from having a plan in place. For example, if you recently welcomed a child into your family, creating an estate plan will allow you to name a guardian who will raise your child if you pass away. This allows you to pick someone who will reflect your values when bringing up your child rather than allowing the court to decide.
Is a will all I need for my estate plan?
While a will is a common estate planning tool, you may also want to explore other options as you create your plan. For example, if you value privacy or want to avoid the probate process, using a trust in your estate plan may allow you to achieve those goals while also providing for your loved ones.
What is probate?
Probate is the process of collecting a person’s possessions after they pass away, paying their debts and distributing their assets to their loved ones according to the instructions in their will. The court oversees this process, and records of the process will be public.
What if I am sick or injured and cannot make decisions?
Estate plans can address more than just what happens to your possessions after you die. Powers of attorney allow you to name someone to manage your finances or make medical decisions for you if you become incapacitated.
What estate planning documents are right for me?
The tools you use in your estate plan can vary depending on your unique goals, your family’s needs and the assets in your estate. Because your estate plan can vary, you may want to discuss your plan with an experienced attorney to ensure that the documents you choose reflect your best interests.