LaGrange, GA Estate Planning Law Firms & Lawyers

Yes. Anyone can sue anyone. The question is whether she has a good case. How did you get custody? If custody was through the court you may be able to have that court approve how you spent the money. You need to speak to an attorney. This response is not intended to create an attorney client relationship and is solely based upon the information set forth in the the inquiry.

If "you" are a couple, then you actually should each have a Will. While there is such a thing as a "joint Will," they are not favored in Georgia and don't work very well at all. So I hope you mean that you each have Wills already. "Estate planning" is the process of analyzing a given person or couple's situation (family, finances, wishes, hopes, special issues, etc) and ensuring that they have legal documents, asset titles, and beneficiary designations all set up so that the person or couple and their loved ones are protected against the potentially devastating results of a death or incapacity. So yes, you should have an estate plan. Just having a Will is generally not enough: you also should each have, at a minimum, a power of attorney and an advance directive for health care. You may also need or at least be able to benefit from having other documents, such as revocable or irrevocable trusts, depending on what kinds of assets you own, how much you are worth, and what you want to leave as your legacy. Even if you already have all of the basic documents in place, if they are more than a few years old, it might be a good idea to have them reviewed. Georgia has had a number of very significant changes to its laws in the past 2 years, and there have also been a number of significant changes in federal law. These changes may mean that the documents you currently have could be improved to better serve you and your family. It may be that you don't end up needing to make changes right now, but if you have a review it at least lets you make sure that you know if you DO need some, or if there are some that you could make that would be beneficial for you and better serve your needs. Many estate planning attorneys offer estate planning consultations free of charge and free of obligation (like my firm), and it's time well-spent on your part. Best wishes to you.

Please accept my condolences on the loss of your brother. As for your question: no one can advise you on what kind of estate planning documents you should have in place in this kind of forum. You need to contact an estate planning attorney and get a consultation in order to get personal advice on that kind of thing. That said, I'll try to answer your question in general terms so you have more information. 1. A Living Will is a health care document, not a document that addresses what happens with your assets. In Georgia, the Living Will has actually been eliminated as a separate document- the topic that it covers, which is actually only the kinds of medical treatment and life support that you do (or do not) want provided if you are determined to be in certain medical situations where your prognosis is dire, is now covered by an Advance Directive for Health Care, which also appoints an agent who can make a much broader array of health care decisions for you. That said, you should have an Advance Directive, yes- everyone should. 2. A Will (as opposed to a Living Will) is a document that says, basically, "Now that I am dead, here's how you should distribute my probate estate assets and who's in charge of doing that." In order for the Will to become legally effective after your death, it has to be admitted to probate. In Georgia, probate is actually a relatively inexpensive and quick process, IF (a) the Will is well-written; contains a self-proving affidavit; waives bond, inventory, and reports; and grants the executor sufficient powers; and (b) none of the heirs are underage, missing and unfindable, or in disagreement with the validity of the Will. The part that most people find difficult and time-consuming is actually not probate: it's the process of administering the estate- determining what debts need to be paid, collecting assets, filing needed tax returns, and winding up and distributing the estate's assets. 3. Having a trust does not avoid administration- you still have to administer a trust. And, to make the administration process somewhat shorter using a trust, you have to move your assets into it while you are alive, meaning more work for you. You may be okay with that, you may not be. You could also have other special issues that may make it more worthwhile to do so. 4. In most cases, an irrevocable trust is not necessary. A Revocable trust is what is generally used if a person wants to include a trust as part of an estate plan for some reason. Irrevocable trusts are done for tax planning reasons, mostly, and sometimes Medicaid planning. Please get a consult with an experienced estate planning attorney who focuses on estate planning. Best wishes to you.