Why you REALLY need a Will

June 22nd, 2020 | READ MORE

If you have kids, you know what it feels like to be so protective of someone, you would literally do ANYTHING to make sure they are taken care of, happy, and healthy.

Most parents know if it came down to it, they would die for their kids, but what happens to their kids AFTER you die.

Now that you are no longer there to protect them, do you know where they will end up? Who will be the ones to protect them now? Will they get any of your assets?

Unless you have a  Last Will And Testament, there is no way you can answer those questions with certainty.

 

I know, it’s really depressing to think about dying. But the hard truth is, no one lives forever, and you don’t know when your time on this earth will be up!

So let’s start with the basics. What is a Last Will And Testament anyway?

 

A will is basically a legal document listing out your wishes in the event of your death. Think of it as insurance for your assets. What happens to those thousands of dollars you managed to save over your lifetime? If you know who you want to receive that money, it needs to go into a will.

You can also use a will to name guardians for your children. Who do you want your kids to live with? Grandparents? Aunts, Uncles? Maybe an older sibling who is a legal adult? Write it in a will.

So what happens if you DON’T have a will?

Thanks for asking this VERY important question. If you die and you do not have a will, intestate succession laws determine who will receive your assets and how they will be divided. Meaning, if you don’t tell people what you want, the law decides for you. If you do not have a will and you have no surviving relatives, your assets go to the state instead of your best friend Betsy.

If you have kids and do not have a will, the courts will also decide where the child will go.

Having a will also prevents family members having to go to probate court to decide who gets what. I know Thanksgiving dinners can be exhausting with the inevitable arguments, but think about how awkward it would be if your brother and your sister both believe they should get the lion’s share of your assets.

Now if you’re thinking drawing up a will is a hassle and will require time and money you don’t have, consider the situations named in this article. Ask yourself, what do you want to be your legacy? If you’re ready to start drafting today, click on the contact page and let’s set up a time to chat!

No DIY or Legal Doom: How To Create a Valid Will in Georgia

May 8th, 2020 | READ MORE
No DIY or Legal Doom

In light of the current pandemic, many Americans are becoming aware of the importance of creating or updating their estate planning documents. With the extension of some states’ stay in place orders, it may be tempting to create your own documents all on your own. Whether you are considering writing your own will or using an online “do it yourself” (DIY) document creator, there are many reasons why this is one project you shouldn’t undertake without the help of a professional. (more…)

How to Protect Your Wishes

May 5th, 2020 | READ MORE
Will Contestation

Having an updated last will and testament is more important than ever, especially now. However, a will that is poorly created or not frequently updated can be vulnerable to contestation. What is contestation? It is the formal objection to a will’s validity because it either: a) doesn’t reflect the wishes of the person who created the will, or b) because the will does not meet legal standards.

Will contests should be avoided at all costs. Not only can a contest derail your final wishes, but it can also rapidly deplete your estate and wreak emotional havoc on the family members left behind. Fear not. With proper planning, you can prevent that from happening. (more…)

New Rules Issued by the Department of Veterans Affairs

November 28th, 2018 | READ MORE

Effective October 18, 2018, the Department of Veterans Affairs (VA) has new rules regarding the eligibility of applicants applying for pension. These benefits are available to wartime Veterans and surviving spouses of wartime Veterans who are disabled and/or have additional medical needs. There are also financial limitations, which are discussed in more detail below.

Why Did the VA Change the Rules?

Before these new rules were made, the VA offered little guidance on how they determined if an applicant was “in need.” There were vague definitions and limited explanations of who would qualify for these benefits, which led to confusion among applicants and inconsistent determinations of eligibility. Now that the VA has issued clear and bright-line rules, attorneys can better advise their clients and their families, and the integrity and consistency of the pension program is upheld.

Summary of the New Rules

In addition to the minimum active duty, wartime service, and age or disability requirements for these programs, the VA has new rules to determine if an applicant is “in need.” There is now a bright-line rule regarding the net worth of an applicant. This amount is currently set at $123,600.00, and will increase annually. When calculating the net worth amount, assets are combined with annual income (assets + annual gross income = net worth). Out-of-pocket medical expenses can reduce income, and can help applicants qualify for the highest benefit. The home of an applicant is generally not included in this calculation. If the Veteran or other claimant has a net worth over the threshold and thus does not qualify for benefits, there are legal strategies available to get the calculation within the allowed range, including making qualified purchases and accounting for certain medical expenses. In addition, there is now a look-back period of 36 months when applying for needs-based pension. Any asset that was transferred for less than fair market value during the 36-month period immediately preceding the pension benefits application will result in a penalty period, not to exceed five years. Of course, there are exceptions to this rule, and there are ways to cure or avoid the penalty. There are other provisions of the new rules that apply to annuities and other financial instruments. Before investing in an annuity or other asset that produces income, be sure to contact our office to discuss the possible ramifications of that investment on VA pension benefits. These new rules provide more certainty when applying to the VA for needsbased benefits. Give us a call if you would like to talk further about the changes, or to explore whether you or a loved one may qualify

2nd Location in Watkinsville Now Open!

October 15th, 2018 | READ MORE

Starting Monday, October 15th, we will begin seeing clients in our BRAND NEW Watkinsville location!

 

Yes, the Conyers office is still open! We will be splitting our time between both offices to ensure we are convenient to all of our clients.  Stay tuned for information on the Grand Opening coming soon.

1800 Hog Mountain Road, Bldg 500, Suite 101
Watkinsville, GA 30677

The French Law Group Scholarship is Here!

May 31st, 2018 | READ MORE
French Law Group

Laura French is a counselor and cheerleader of clients. Laura supports families through the many cycles of life. In her estate planning practice, she sees the wisdom imparted by those who have lived through many life experiences. So, in celebration of our elders and the wisdom they offer, French Law Group is pleased to award the Elder Wisdom Scholarship. This $500 scholarship will be presented to the student who is able to best articulate how student has benefited from the wisdom of elders, and how our broader community may embrace, engage, and celebrate our aging neighbors.

Please click here for submission information.

Using the 2012 Gift Tax Exemption to Reach Client Goals

January 10th, 2018 | READ MORE
Tax Gift Exemption

Originally Posted: 10/01/12 | WealthCounsel Quarterly | Laura French, JD, LLM (Tax)

As experienced practitioners, we have all used the annual and lifetime gift tax exclusions to benefit our clients and help them reach their financial and planning goals. In 2012, Congress has afforded a unique opportunity for all of us to transfer wealth using this year’s lifetime gift tax exclusion. This article will explore a few ways you can utilize the exclusion to better serve your clients. (more…)