The Pollan Law Firm
In Atlanta, The Pollan Law Firm offers first-hand guidance in elder care law, Medicaid and special-needs planning.
Call Today (678) 235-9317
Menu / Navigate

Special considerations for your estate plan

Creating an estate plan gives your loved ones something to follow when you pass away. You can set this up in a way that clearly conveys what you want and makes it easy for them to understand. There are several components that you should consider when you are trying to put this together.

All adults need to have an estate plan, even those who don't have a lot of assets. This is because there are several other aspects of life that come into the picture in this plan. Making sure that you have everything planned can take stress off of your loved ones during a stressful time in their life.

Passing down assets

There are two ways that you will pass down assets in your estate plan; however, you need to take a close look at the terms. Some assets are governed by a payable on death designation. These are usually bank, financial and investment accounts. Even life insurance has this designation. This means that they don't have to be covered in your estate plan. Instead, you only need to review the documents to ensure they are still going to the right recipient.

Other assets should be covered in the will or in trusts. The trusts you create enable you to pass down assets to your loved ones without them having to go through probate. There are many types of trusts, so think carefully about your goals and the person's circumstances when you are deciding what type of trusts you are going to use.

For example, a person who is on asset-based programs like Medicaid shouldn't directly receive large inheritances since this can impact their eligibility. You could use a special needs trust to pass assets down since anything in this type of trust won't count against them.

In your will, be as specific as you can. This takes away the chance of misunderstandings. Anything that is part of a trust or that has a payable on death designation shouldn't be covered in the will.

End of life plans

You should have your end of life plans in your estate plan. This includes the living will that discusses medical care for times when you aren't able to say what you want. You can also set up powers of attorney designations for someone to make your financial decisions and medical decisions if you are incapacitated. These plans should be very clear so that your medical care is in line with your wishes.

Your estate planning isn't over when you have this all done. Instead, you should plan to review the terms annually or when you have big changes in your life. This ensures that everything is up to date.

No Comments

Leave a comment
Comment Information

Request A Courtesy 15 Minute Phone Consultation

The Pollan Law Firm
1801 Peachtree Street NE
Suite 125
Atlanta, GA 30309

Phone: 678-235-9317
Map & Directions

Learn How We Can Help

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Back to Top
Review Us
Avvo - Rate your Lawyer. Get Free Legal Advice.
10.0David Paul Pollan