Estate planning can be overwhelming. There are a number of factors to consider when planning the transfer of everything you own at a time when you no longer are able to participate in the transfer. However, as an Atlanta estate planning attorney, I know that not having a proper estate plan in place can cause many problems after your death. It’s important that you prepare the proper documents, and that your family knows where to find them and what information is contained in them so that things can go as smoothly as possible in the event of an accident or illness. This idea can even be expanded beyond just estate planning documents to include documents which can help you or your family in the event of any kind of financial emergency. This “financial emergency kit” should contain not only your estate planning documents but also other important documents which may be needed in case of emergency. Some items to include in your financial emergency kit might be considered “no-brainers.” For example, the kit should include your house, life, disability and auto insurance documents. In the event of a house fire, family death, or incapacitating automobile accident, you will need these… [Read More]
Georgia Guardianship Attorney: Plan for Dementia-Related Incapacity
As part of my Atlanta guardianship law practice, I have represented several clients in guardianship actions seeking to be appointed guardians of a parent, spouse, or other relative with a dementia-related disease. In most instances, the proposed ward had either been diagnosed with Alzheimer’s disease or exhibited many symptoms of the disease. I am reminded with each client how important it is for everyone to have an estate plan in place that includes, at a minimum, a Last Will and Testament, financial power of attorney, and Georgia Advanced Directive for Healthcare. Having these three documents may save you and your family not only from problems that might arise after you die but also from problems that arise due to your incapacitation, whether by a dementia-related disease or otherwise. But for this post I focus on the growing prevalence of dementia-related diseases, and especially Alzheimer’s disease, because it is these types of diseases people least expect but are, year after year, more likely to have as they get older. Over the last decade, the prevalence of dementia-related diseases has grown among the elderly, and Alzheimer’s disease is leading the pack. The Alzheimer’s Association provides a remarkable and worrying fact sheet at… [Read More]
Kasey Libby on Channel 2 Action News
Attorney Kasey Libby recently spoke with Ross Cavitt of Channel 2 Action News regarding a multi-million dollar fraud committed against his client in Cobb County by her power of attorney. Click on Post Title above to see video.
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]
Georgia Will Contest: Is It Worth It?
I get a lot of calls from people in Georgia, all over the United States, and sometimes abroad interested in contesting a will. Invariably, the first question they ask is whether they have a case? For an in-depth answer, please review the Will Contests page of this website. You may also find will contest article published at AARP.org helpful, not just because it provides an overview of when a will contest may be appropriate but also because it poses an important question: is the cost of a will contest worthwhile? There are several factors to consider when determining the value of a will contest? Most importantly, the case must have a good chance of success. This usually means a set of facts known from the outset that make it more likely than not that the will is invalid. However, the strength of a will contest must be analyzed from a legal perspective, not a moral or ethical perspective. I get plenty of calls from people who desire to contest a will because they do not like the contents of the will but have no legal basis to overturn the will. I also get a lot of calls from people who claim… [Read More]
Georgia Estate Dispute: Avoid One with Communication
What should you do when there is trouble brewing in your family regarding an estate matter in Georgia? Should you stay quiet and hope the dispute never erupts? Should you head off a dispute by telling everyone else how things ought to be done. The New York Times recently published a Q&A with Sheila Heen (“Negotiating Conflicts, Part 5: A Tug of Wills“). Ms. Heen is a negotiations and communications expert and faculty member at Harvard Law School, that emphasizes one major theme: communicate your concerns before it is too late. Estates are uncomfortable topics. To most, asking a parent about his estate probably seems cynical and self-serving. Even close siblings often have a difficult time discussing with each other what to do about their parents’ estates (who should do what, who should get what, etc.). However, failing to address valid concerns sooner may cost the family time and money fighting over those concerns later. There are a variety of smart, healthy ways to break the ice on such a difficult topic. If you are concerned about how things will play out in your family, don’t be afraid to let someone know. If you are too uncomfortable to say something… [Read More]
