Estate Planning is about the business of life and death.


By Glenn Cook - Posted on 27 January 2010

Estate planning is about the business of life and death. It is a serious subject that is, for most people, hard to discuss. As a result of this difficulty, we often ignore the matters involved until it is too late.

My task as an attorney is to advise you on the proper way to discuss life and death matters; this discussion should be calm and methodical and plan for future contingencies to the best of our abilities.

The starting point for you should be determination of what assets you own or control. The next step involves to whom and how you wish to give those assets at your death. Third, the most economical transfer method for those assets should be explored. Lastly, control of the assets in cause you are incapacitated should be examined and planned.

The above information can be gathered in the questionnaire found in my Resources Section of this website. The form allows you to gather a description of your assets and disposition wishes into one place. It is a great start to the planning process and focuses your thoughts and desires.

Should you seek estate planning, rest assured that the information you provide is held in the strictest of confidence. I realize it is difficult to talk about certain things and desires; however, the success of the plan depends upon disclosure of those intimate matters.

If the questionnaire is not used, the information can be obtained in person. Perhaps you will feel more comfortable talking to the attorney about certain sensitive matters. This is understandable and perfectly acceptable. Conferences can be scheduled to discuss any and all matters.

Once the information is gathered, then a will or trust and related documents can be drafted. The will is usually the backbone of the estate plan and must be in writing and appropriately signed by you and the witnesses. The State of Georgia does not recognize oral or unattested  wills written by yourself; make sure the estate planning process is done properly--a mistake can be costly.