Frequently Asked Questions
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Estate planning can often seem overwhelming and confusing. To add some clarity to the process, our attorneys have compiled a list of our FAQs about estate planning in the space below. If you have further inquiries, do not hesitate to contact our office, and we will happily answer your questions.
What services does an estate planning attorney in Marietta, GA, provide?
An estate planning attorney in Marietta, GA, helps families draft wills, revocable trusts, powers of attorney, advance directives, and guardianship plans, and assists with trust funding and estate administration, all tailored to local laws and personal goals.
What is the difference between a will and a revocable living trust?
A will distributes your assets upon death and may require probate, while a revocable living trust allows your assets to bypass probate and remain private. Both can work together to create a comprehensive and efficient estate plan.
Why is trust funding critical in Georgia estate planning?
Trust funding transfers your assets into your trust while you’re alive. Without it, your trust may not operate as intended, leading to probate, public records, and delays. Proper funding ensures your wishes and privacy are protected.
What is a power of attorney, and why do I need one in Marietta?
A power of attorney in Marietta legally designates someone to make financial or healthcare decisions if you become incapacitated, avoiding court intervention and persisting your wishes. It’s an essential part of any estate plan.
What is an advance directive or healthcare directive in Georgia?
An advance directive, also known as a living will, and HIPAA authorization specify your medical treatment preferences and authorize access to your health records. These documents prevent confusion and ensure clarity in emergency situations.
How often should I update my estate plan?
Review your estate plan every 3–5 years or after major life changes such as marriage, divorce, birth or adoption, property purchases, or relocation to Georgia. Regular updates keep your plan effective and current.
Where can I find helpful articles and tips on estate planning?
You can explore our Estate Planning Blog for practical advice, legal insights, and tips tailored for Marietta families. From understanding wills and trusts to knowing when to update your plan, our blog helps you make informed decisions with confidence.
What are Beneficiary Designations?
You may avoid probate on the transfer of some assets at your death through the use of beneficiary designations. Laws regarding what assets may be transferred without probate (non-probate transfer laws) vary from state to state. Some common examples include life insurance death benefits and bank accounts.
What is a Durable Power of Attorney and when do I need one?
These allow you to appoint someone you know and trust to make your personal health care and financial decisions even when you cannot. If you are incapacitated without these legal documents, then you and your family will be involved in a probate proceeding known as a guardianship and conservatorship. This is the court proceeding where a judge determines who should make these decisions for you under the ongoing supervision of the court.
What is a Revocable Living Trust?
This is an agreement with three parties: the Trust-makers, the Trustees (or Trust Managers), and the Trust Beneficiaries. For example, a husband and wife may name themselves all three parties to create their trust, manage all the assets transferred to the trust, and have full use and enjoyment of all the trust assets as beneficiaries. Further “back-up” managers can step in under the terms of the trust to manage the assets should the couple become incapacitated or die. Special provisions in the trust also control the management and distribution of assets to heirs in the event of the trustmaker’s death. With proper planning, the couple also can avoid or eliminate death taxes on their estate. The Revocable Living Trust may allow them to accomplish all this outside of any court proceeding.
Who Should Have a Revocable Living Trust?
Whether you are young or old, rich or poor, married or single, if you own titled assets such as a house and want your loved ones to avoid court interference at your death or incapacity, consider a revocable living trust. A trust allows you to bring all of your assets together under one plan.
What is Probate?
Probate is the court and process that looks after people who cannot make their own personal, health care and financial decisions. These people fall into three general categories: Minor Children (under age 18 in most states); Incapacitated Adults; and People who have died without legal arrangements to avoid probate. Probate proceedings can be expensive and time-consuming. Additionally, the court proceeding and associated documents are all a matter of public record. Many people choose to avoid probate in order to save money, spare their heirs a legal hassle, and keep their personal affairs private.
Is Steele Law Firm a trusted estate planning attorney in Marietta, Georgia?
Yes. If you’re searching for a reliable estate planning attorney near Marietta, GA, Steele Law Firm provides trusted legal guidance backed by experience and local insight. We proudly serve individuals and families across Marietta and nearby areas with personalized estate planning services.
What does "comprehensive estate planning" include?
Comprehensive planning goes beyond basic wills. It includes trusts, POAs, advance directives, trust funding, guardianship provisions, and strategies for addressing families’ unique needs—except for irrevocable trusts, which we don’t handle.
Are irrevocable trusts included in your estate planning services?
No. Steele Law Firm does not offer irrevocable trusts. We focus on revocable planning tools like wills, revocable trusts, and POAs that offer flexibility and control for Georgia residents.
How do you work with financial advisors or CPAs?
We frequently collaborate with financial professionals, CPAs, and fiduciaries to ensure that each client’s estate planning aligns with their financial strategy, tax planning, and legacy goals, all while complying with Georgia law.
Why do Marietta families choose Steele Law Firm for estate planning?
Families choose Steele Law Firm because we offer personalized, compassionate, and legally sound planning tailored to their goals. From wills and trusts to powers of attorney and guardianship support, we help our clients plan with clarity and peace of mind.
Can I refer clients or professional leads to your firm?
Yes. We welcome referrals from attorneys, financial advisors, and other professionals looking for a trusted estate planning attorney in Marietta, GA to support their clients with personalized legal services.
What is Joint Tenancy with Rights of Survivorship? (in some states “Tenancy by the Entirety” when between spouses)
This is the most common form of asset ownership between spouses. Joint tenancy (or TBE) has the advantage of avoiding probate at the death of the first spouse. However, the surviving spouse should not add the names of other relatives to their assets. Doing so may subject their assets to loss through the debts, bankruptcies, divorces and/or lawsuits of any additional joint tenants. Joint tenancy planning also may result in unnecessary death taxes on the estate of a married couple.
What is a Will?
The document a person signs to provide for the orderly disposition of assets after death. Wills do not avoid probate. Wills have no legal authority until the willmaker dies and the original will is delivered to the Probate Court. Still, everyone with minor children needs a will. It is the only way to appoint the new “parent” of an orphaned child. Special testamentary trust provisions in a will can provide for the management and distribution of assets for your heirs. Additionally, assets can be arranged and coordinated with provisions of the testamentary trusts to avoid death taxes.
What is a Living Will?
Sometimes called an Advance Medical Directive, a living will allows you to state your wishes in advance regarding what types of medical life support measures you prefer to have, or have withheld/withdrawn if you are in a terminal condition (without reasonable hope of recovery) and cannot express your wishes yourself. Oftentimes a living will is executed along with a Durable Power of Attorney for Health care, which gives someone legal authority to make your health care decisions when you are unable to do so yourself.
What does Intestacy mean?
If you die without even a Will (intestate), the legislature of your state has already determined who will inherit your assets and when they will inherit them. You may not agree with their plan, but roughly 70 percent of Americans currently use it.
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Dealing with estate planning, incapacitation, and death can be daunting, but we aim to make the process as easy as possible on you. We will be by your side, advocating for your best interests until we have reached the best possible outcome for you and your loved ones. Get in touch to see how our attorneys can help.