Estate Planning

Who should have an estate plan in Georgia?

Everyone over the age of 18 should have an estate plan, no matter the size of their estate.

What does a Georgia estate plan typically include?

The foundation of most Georgia estate plans is a Will or a Trust. Most people also include a Financial Power of Attorney so someone they trust can manage their finances if they cannot, and an Advance Directive for Health Care so medical decisions reflect their wishes if they cannot communicate with their healthcare provider.

The right combination depends on your situation and what you want your plan to accomplish. An experienced Georgia estate planning attorney can guide you through the options and create a plan tailored to your needs.

What is a Power of Attorney, and when do I need one?

Once you turn 18 in Georgia, no one has automatic authority to handle your finances if you cannot. Not your spouse, your parents, or your adult children. A Power of Attorney allows you to choose someone you trust to step in and manage things like paying bills, filing taxes, handling insurance, or taking care of business obligations.

Without it, your loved ones would have to petition the court for permission. That process is slow, expensive, and leaves the decision about who controls your finances in the hands of a judge, not you. In the meantime, taxes can go unfiled, bills can go unpaid, and important matters can sit unresolved.

A Power of Attorney isn’t just about planning for incapacity later in life. College students often want one so their parents can help them, such as negotiating a lease for an off-campus apartment, paying bills, and handling insurance matters. Parents of young children often want a safeguard so someone can keep their household running if something happens. Parents of adult children think ahead to avoid court involvement later. Business owners protect continuity, so their companies don’t stall without them. Those without children benefit from naming someone they trust instead of leaving it to a court.

A Power of Attorney ensures the right person can act when you need them, and it can mean the difference between a smooth transition and a stressful, costly ordeal at the worst possible time.

What is the difference between a Will and a Power of Attorney?

While both are important, a Will and a Power of Attorney serve different purposes. A Will only takes effect after you pass away. It directs who inherits your property and names an executor to carry out your wishes. A Power of Attorney only works while you are alive. It gives someone you trust the authority to manage your financial matters.

What is the difference between a Will and a Living Will?

A Will directs who inherits your assets when you pass away and who oversees the process of administering your estate. A Living Will gives instructions about life-sustaining treatment in certain circumstances if you cannot communicate your wishes.

Do I need a Trust if I’m not impacted by estate taxes?

In Georgia, many people benefit from a Trust even when estate taxes are not a concern. Trusts can serve many purposes and can be tailored to your situation, family, and goals.

For example, families often use Trusts to make things easier for their loved ones after they pass away by avoiding the court-supervised probate process, which saves time, money, and work in an already difficult time. Parents of young children may establish a Trust to ensure that money is managed responsibly and used for education, healthcare, or other essential needs until the children are ready to handle their assets independently. Without this planning, an inheritance left to a child under 18 would be managed by a court-appointed conservator and then distributed in a lump sum at 18, regardless of whether the child is ready. The same concern applies if you want to leave something to a grandchild, niece, nephew, or any young beneficiary.

Parents of adult children often use Trusts to protect inheritances from divorces, creditors, or poor financial decisions. Trusts can also support a loved one with special needs without affecting government benefits, preserve family property, such as a home or farm, and provide for future generations in a way that encourages responsibility. Business owners often use them to keep a company running smoothly and plan for succession. Charitable Trusts allow you to support causes you care about while providing tax advantages.

Trusts can be designed in countless ways to fit a wide range of situations and goals. Consulting with an experienced Georgia estate planning attorney is the best way to determine whether a Trust is right for you and how to tailor it to your specific needs.

Are handwritten Wills valid in Georgia?

For a Will to be legally valid in Georgia, the person making it must sign it in front of two qualified witnesses, and the witnesses must also sign it. These are the requirements whether the Will is handwritten or typed.

However, while a Will may meet the bare minimum to be legally valid in Georgia, whether it works how you wanted it to is another story. Handwritten Wills usually fall short of this. They almost always miss opportunities to protect property, reduce taxes and other expenses, and prevent disputes. They also often fail to anticipate real-life situations, such as what happens if someone named in the Will passes away. These oversights can easily lead to unintended outcomes, such as the wrong people inheriting your assets and ruined family relationships.

When it comes to the people you love the most and everything you’ve worked your entire life building, the stakes are too high not to do it right. An experienced Georgia estate planning attorney can prepare a Will that is not only legally valid but also works the way you intended.

Will an out-of-state Will work in Georgia?

If you created a Will in another state, Georgia courts will generally accept it if it was legally valid where you originally signed it. That said, differences in state law can mean that even if a Will is legally valid, it still may not work the way you intended. If your Will is from another state, the safest step is to have it reviewed by an experienced Georgia estate planning attorney and, if necessary, updated to ensure it still works for you in Georgia.

Will an out-of-state Power of Attorney work in Georgia?

A Power of Attorney created in another state may work in Georgia, but problems often arise in practice. Banks, title companies, and other institutions may hesitate or refuse to honor it. If you have recently moved to Georgia or spend significant time here, consider having a Power of Attorney prepared under Georgia law. This way, the person you trust can step in quickly if something happens.

Will an out-of-state healthcare directive work in Georgia?

A health care directive from another state may technically be valid in Georgia, but a Georgia-specific healthcare directive helps avoid unnecessary delays.

Will an out-of-state Trust work in Georgia?

Most Trusts created in another state will still be recognized in Georgia; however, what worked in another state may need adjustments here to carry out your goals. The safest step is to have an experienced Georgia estate planning attorney review your Trust to confirm that it still works for your situation.

Will a Power of Attorney work in Georgia after the person has passed away?

All powers granted under a Financial Power of Attorney end the moment the person who created it passes away.

Does Georgia have an estate tax?

No, Georgia does not impose a state-level estate tax. However, Georgia estates can still be subject to the federal estate tax. Proper planning can help reduce or avoid that tax.

Does Georgia have an inheritance tax?

No, Georgia does not have an inheritance tax.

Who can be an executor in Georgia?

An executor is the person you name in your Will to carry out your instructions. Georgia law requires that your executor be at least 18 years old and mentally competent. Many people choose a spouse, an adult child, another family member, or a close friend. An experienced Georgia estate planning attorney can help you think through your options and choose an executor who is both legally qualified and the right fit for your situation.

Who do you work with?

We work with individuals and families at every stage of life and across all levels of wealth.

Many of our clients are parents of young children who want to ensure their children are cared for regardless of what happens. We also frequently work with people who don’t have children, who want control over decisions that impact their healthcare and finances, and clarity about who will receive their assets. Parents of adult children often come to us to preserve family wealth, protect inheritances, and reduce the risk of conflict. We also regularly work with business owners and real estate investors who need to account for both personal and business interests.

Regardless of your circumstances, we can design a plan that reflects your wishes, protects what you have built, and gives clear direction when it is needed most.

What happens at the first meeting?

Your first meeting is about you, your loved ones, and your goals. We will discuss what matters most to you, such as caring for your children, considering taxes, protecting an inheritance from outside claims or divorce, ensuring your business can continue without disruption, or planning for a loved one with special needs. By the end, you will understand the options and know the next steps for creating a plan that reflects your wishes.

What should I bring to my first meeting?

When you schedule your first consultation, we’ll send you a brief questionnaire. This helps us prepare for your meeting, so we make the most of our time together. If you already have a Will, Trust, or Power of Attorney, you can bring them with you. If we need anything else, we will let you know in advance, so you feel fully prepared.

What should I think about before we meet?

Before your first meeting, we will send you a brief questionnaire to complete beforehand. It will get you thinking about your family, your assets, and the people you may want to name in decision-making roles. This is only a starting point to make the best use of your meeting. We will guide you through everything and make sure no important details are overlooked.

How do you bill for your estate planning services?

We offer different billing options, including hourly and flat fees. During your initial consultation, we’ll explain what structure makes the most sense for your plan so you know exactly what to expect.

What should I work with Thrift McLemore for my estate planning?

At Thrift McLemore, we focus on more than just preparing documents. We take the time to understand your family, your assets, and your goals so your plan works in practice, not just on paper.

Our attorneys have experience in estate planning, business law, and real estate. These areas often overlap, and our team approach gives clients the benefit of that combined knowledge. Whether you are planning for young children, protecting family wealth, or managing property, we consider the full picture to create a plan.

We also believe the process of creating an estate plan should feel clear and manageable. You will work with your attorney, supported by a team that is available to answer questions along the way. Our clients often tell us they appreciate the personal attention, ease in setting things up, and the peace of mind that comes from knowing their plan is thorough, practical, and tailored to their needs.

What if I want to change my estate plan later?

Your estate plan may need to change as your life changes. Major life events, such as marriage or divorce, are examples of reasons to update your plan. Even without a major change, it is a good idea to review your plan every now and then to make sure it still reflects your wishes.

When we design your plan, we incorporate as much flexibility as the law allows and as your goals permit. That way, your plan can adapt more easily as your life evolves. If you need to make a change, we will discuss your goals and adjust your plan to ensure it continues working as intended. At our firm, you are not tied to an ongoing maintenance program. You only pay for updates when you need them.

Do you offer payment plans?

We offer in-house and third-party financing options. We are happy to discuss the available options with you as needed.

What is the first step in creating an estate plan with you?

Call us at (678) 882-0830 or click here to schedule a consultation.