ESTATE PLANNING

  Perhaps the most important things in estate planning is the creation of a will. A will is central in ensuring that your wishes are followed with regards to your assets, as it outlines who will receive your property upon your passing. A will also allows you to name a personal representative to administer your estate. Without a will, your belongings and estate will be subject to Georgia laws during the probate process and may not be distributed as you would like. The creation of a will is still a somewhat formal process and certain requirements should be met for your will to be most easily handled in probate. These include presenting the will in written form and making sure that it is witnessed and executed properly.

Unlike a will, a trust does not become effective only upon passing, but can be established during life, or inter vivos. The purpose of a trust is usually to hold assets for you, the “grantor,” or for others you choose, the “beneficiaries”. Once established and funded, a trust is then managed by one or more trustees who must ensure that it operates as the grantor has requested. A trust often allows an individual to have more control over how assets and funds are distributed to beneficiaries.

Dunlap Gardiner LLP understands that is can be difficult to navigate the many options available 

for planning your estate in Georgia, which can encompass wills and trusts in all their varied forms. This is why our firm is dedicated to providing its clients with honest, straightforward and thoughtful estate planning advise. We listen to your needs and desires, and help you formulate an estate plan that is affordable and practical. 

We can work with you to determine which 

options may be best and will guide you through the process of creating the wills and trusts

 best suited to your needs. 

 A power of attorney is a very useful planning tool. When an individual (called the “principal”) wants to give a power (e.g., to contract) that they possess to someone else (the “agent”), they may do so through a power of attorney. A power of attorney can be tailored to be very narrow or quite broad in what powers the principal wants to delegate to the agent. 

You should always consult with an attorney when executing a power of attorney to discuss why you need a power of attorney and to ensure that the power of attorney you execute accurately reflects your desires. 

Powers of attorney can be broad in scope (“General Power of Attorney and/or Durable Power of Attorney”) or limited to certain specific actions (“Limited Power of Attorney”):

*  Durable Power of Attorney - is a general power    of attorney with “durability” language. This

 allows the power of attorney to remain in effect if the principal becomes incapacitated – most clients have the goal of naming an individual to act in this very circumstance, therefore this by far the most common.

* General Power of Attorney - gives broad power to act for the principal for a wide variety of matters, specified in the document, but is only applicable while the principal is competent. 

* Limited Power of Attorney - allows the attorney-in-fact to perform acts only with respect to certain assets of the principal or for certain transactions. 

Dunlap Gardiner has experienced attorneys who will work with you to protect your interests.