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Atlanta Estate Planning Attorney: Use Special Needs Trust Planning for a Disabled Child

I’ve helped a lot of my clients with planning as an Atlanta estate and trust attorney, including planning for the needs of disabled children, both minors and adults.  Most recently, I helped an 85 year old mother prepare a Last Will and Testament that provided for her son who was disabled by a stroke and expects to qualify for Social Security disability benefits soon.  While my client would like to be able to leave her son in the best care possible, providing such care requires a lot of money that she does not have, and her son, who is only in his 50s, could live many more years and will require support during that entire period at great cost.  The reality is that her son likely will qualify for and receive Medicaid support in the near future in addition to his SSDI. While those government benefits do not add up to a lot of monthly income, they help.  Further, Medicaid will cover the entire cost of the son’s stay in a nursing home if that becomes necessary.  Therefore, preserving those benefits for him will be important.  The problem is that, if my client leaves an inheritance directly to her son,… [Read More]

Georgia Estate Planning: Everybody Needs a Will

I’ve been an Atlanta estate planning lawyer for several years, and on a regular basis I get new calls from people seeking help with an estate of a loved one who died intestate (i.e., without a Will).  Those calls usually begin with the caller complaining that the decedent made no Will.  Having represented dozens of clients dealing with intestate estates, I am immediately sympathetic. I can still help the caller but know from the start the process will be more complicated than it needed to be. Rocket Lawyer, an online legal service provider, found in a recent estate planning survey that 61% of Americans do not have a Last Will and Testament. Even worse, that number climbs to 70% for people with children under 18 years old.  Failing to make a Will, especially for people in the latter category, will subject your estate to unnecessary difficulty and, in some cases, utter calamity through family infighting, incompetent estate administration, and litigation. People have myriad reasons to not make a Will: I’m young. I don’t have kids. I don’t own enough stuff. I’m not sick. I don’t want to think about death. The law will take care of it. All of the… [Read More]

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