Your Questions,
Answered Plainly.

A will directs who receives your assets after you pass, but it usually still goes through probate. A trust can hold and manage your assets, often avoiding probate and keeping things private. Which is right depends on your family and your assets — that’s exactly what the Blueprint Session sorts out.

Generic documents can work for very simple situations. Many families aren’t that simple — blended families, a parent in decline, a child with special needs, or business assets. The Blueprint Session helps you find out whether your situation is actually simple.

No. If you have a home, retirement savings, children, or people who depend on you, a plan protects them and makes things easier when it matters most.

Review it after major life events — marriage, divorce, a birth, a death in the family, a move, or a big change in assets — and check in every few years even if nothing big changes.

A Georgia will must be in writing, signed by the person making it, and signed by at least two competent witnesses in that person’s presence. Most attorneys also add a notarized “self-proving” affidavit so the witnesses don’t have to be found later. Anyone 14 or older with the mental capacity to understand what they are signing can make a will in Georgia.

Georgia law decides. For example, if someone leaves a spouse and children, the spouse and children share the estate equally, but the spouse always receives at least one-third. That default may not match what you would have chosen — a will or trust lets you decide.

Georgia does not currently have its own state estate tax or inheritance tax. Very large estates can still owe federal estate tax, so families with significant assets should plan with that in mind.

It’s a trust you create and control during your lifetime. You can change or cancel it, and you usually serve as your own trustee. When you pass away or can’t manage things, a successor trustee you chose takes over — often without going through probate for the assets held in the trust.

Only for assets that are actually transferred into the trust (called “funding” the trust). A home or account left in your own name may still have to go through probate. That’s why we help clients fund their trust, not just sign it.

Choose someone who shares your values, is willing to do it, and can realistically raise your children. Many parents also name a different person or a trust to manage the money, so one person isn’t carrying everything. Name a backup in case your first choice can’t serve.

Yes, in most cases. Life insurance, retirement accounts, and accounts with a “payable on death” beneficiary go to the person named on the account, no matter what your will says. Keeping those designations up to date is an essential part of an estate plan.

Most plans include a will, a financial power of attorney, a Georgia advance directive for health care, and beneficiary designations that match the plan. Many families also use a revocable living trust. The right mix depends on your family and your assets.

In Georgia, a guardian is responsible for an adult’s personal and health care decisions, and a conservator is responsible for their money and property. One person can serve as both.

No. A power of attorney is chosen by the person ahead of time, while they still can. Guardianship is granted by the court when no plan is in place and the person can no longer decide safely.

Not always. Some young adults can sign powers of attorney or use supported decision-making. Others need guardianship. It depends on your child’s abilities and needs.

Guardianship and conservatorship of adults are handled by the probate court, usually in the county where the person lives.

Generally, any interested person — often a family member — can file a petition with the probate court in the county where the adult lives. The court will require evidence, usually including a professional evaluation, that the person can no longer make or communicate safe decisions.

Yes. The adult has the right to notice, to be represented by an attorney, and to be heard. Courts are expected to consider whether less restrictive options would work, and to give a guardian only the powers that are actually needed.

Often, yes — if the person signs a financial power of attorney and a health care directive while they still can. Those documents let trusted people step in without a court case. That’s why we encourage families to plan before a crisis.

Usually until the court ends it — for example, if the person recovers, passes away, or the guardian is replaced. Guardians and conservators have ongoing duties, including reports to the court.

When an adult faces immediate danger to their health or safety and there isn’t time for the usual process, Georgia probate courts can appoint an emergency guardian for a limited time while the full case moves forward.

It’s sometimes possible, but courts look at whether a guardian can actually carry out the duties. If you live far away, it helps to discuss options — including co-guardians or local support — before you file.

It’s a trust that holds money for a person with a disability to pay for extra needs, while generally keeping that money from counting against needs-based benefits like SSI and Medicaid when it’s set up and managed correctly.

A direct gift or inheritance can put needs-based benefits at risk. Often a better path is leaving it to a special needs trust. We can help coordinate the whole family’s plans.

At 18, your child is legally an adult, and parents no longer automatically make medical or financial decisions for them. Depending on your child’s needs, options range from powers of attorney to guardianship.

An ABLE account is a tax-advantaged savings account for some people with disabilities. It can work alongside a special needs trust. Whether it fits depends on your family’s situation.

A third-party trust holds money from parents, grandparents, or others for the person with a disability. A first-party trust holds the person’s own money, such as an inheritance or settlement, and usually must pay back Medicaid after the person passes away. The right choice depends on whose money is going into the trust.

Georgia STABLE is Georgia’s ABLE program — tax-advantaged savings accounts for eligible people with disabilities. An ABLE account can often be used alongside a special needs trust.

Someone organized, trustworthy, and willing to learn the benefit rules — because the way money is spent matters. Some families choose a relative, others a professional trustee, and some use both.

Not necessarily. Instead of leaving nothing, many families leave that child’s share to a special needs trust. That way your child still benefits, without putting needs-based benefits at risk.

It’s a non-legal document that tells future caregivers about your loved one’s routines, medical needs, preferences, and what makes them happy. It isn’t binding, but it can be one of the most useful things a parent leaves behind.