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April 2019 Archives

Blended families make estate planning more complex

It may be possible for blended families in Georgia and elsewhere to coexist peacefully. However, it is important to make sure that all potential beneficiaries are accounted for in an estate plan. If a person chooses to leave everything to a spouse, there is no guarantee that the spouse will pass on assets to the deceased individual's biological children. Instead, it may be best to create a trust that benefits a biological child after the surviving spouse passes.

How to value the role of a caregiver in a marriage

It is not uncommon for women in Georgia and throughout the country to stay home after their children are born. In some cases, women choose to leave the workforce despite the fact that they have a master's degree or higher level of education. Research has shown that women are considered to be better caregivers than men, and it also shows that most people approve of a mother leaving the workforce to help raise a child.

What a divorcing couple needs to know about child support

When Georgia couples have children and are thinking about filing for divorce, it is good for them to know what the courts look at when it comes to child support. The purpose of child support is to ensure that both parents share the financial responsibilities of the children. Courts want the children to be able to maintain a high standard of living, or at least something they are used to, after the parents divorce.

Reasons to use a trust in an estate plan

A Georgia resident with a lot of assets might want to consider using a trust instead of a will as the main vehicle in their estate plan. While a will comes into effect upon a person's death, a trust takes effect as soon as it is signed. An estate owner may have more or less control over the trust depending on whether it is revocable or irrevocable.

Common beneficiary designation mistakes and oversights

For most people being proactive about estate planning in Georgia, one of the common steps taken is to name beneficiaries. This can be an effective way to ensure specific loved ones receive assets directly and as intended. However, there are certain beneficiary designation mistakes that can just as easily cause legal headaches and family squabbles when it comes times for estate plans to go into effect.

Expect the unexpected during a divorce

Georgia residents have likely heard about the divorce of Jeff Bezos. Part of the reason why this divorce garnered so much attention was the fact that Jeff Bezos is the richest man on the planet. As a result, a number of salacious details surrounding adultery and blackmail found their way into the headlines. However, the way that the couple handled all of these scandals and accompanying challenges serves as a good lesson for other individuals who are going through the divorce process whether it is a high-asset divorce or not.

Organization releases report on 2018 exonerations

People in Georgia who have been wrongly convicted may be among those who lost a combined 1,600 years of life to incarceration in 2018 according to a study by the National Registry of Exonerations. The 151 people released in 2018 after they had been wrongfully convicted had been in prison an average of 11 years each.

Famed pop star’s estate preparations didn’t forestall problems

We make a preliminary and quite direct point concerning estate planning on our website at the Georgia law firm of Miles Hansford & Tallant. We stress in a recent blog post that, “Depending on the state and what the heirs want, probate can take anywhere from three months to several years.”

The likelihood of joint legal custody

A divorcing parent in Georgia may seek to get custody of their children after the end of their marriage. They can seek legal custody, which gives control over the decisions about a child's religion, health care, education and other parts of their welfare. There is also residential/physical custody, which relates to where a child will spend most of their time.

The complexities of estate planning with trusts

Lee Radziwill, sister of Jacqueline Kennedy Onassis, died in the first part of 2019, but she revised her will as recently as September 2018. This is not unusual for a person who wants to make sure an estate plan remains current in terms of assets, family members and plans. Radziwill also had a trust document from 2017. Like Radziwill, people in Georgia should make sure they review their estate plan and keep it current.

What to know about facial recognition technology

A retailer in Georgia could know if an individual was caught shoplifting at a store down the street or across the country. This is because facial recognition software can take a picture of a person's face and distribute it in a short period of time. While this may be helpful to those who own a business, it may not be beneficial for those who want to retain their privacy.

Solutions for boundary line disputes

We have all heard the adage “good fences make good neighbors.” Perhaps one of the reasons for this is that when neighbors agree on their boundary lines and respect each other’s property, fewer disagreements arise. It may also be true that bad fences make bad neighbors. If you are in a dispute with your neighbor regarding your property lines, you understand how important this issue can be. These disputes do have solutions, however.

Changing a child custody order

Parents in Georgia who have a child custody arrangement are bound by the terms of that agreement. However, there may be cases in which they can successfully petition the court to modify a child custody order.

Understanding stepped-up cost basis for inherited property

The nuances of inheritance tax are difficult and complex. They require familiarity and expertise in an area of law that shifts and evolves every year. One of those areas that can be difficult to understand is the step-up costs involved in estate plans and inheritance taxes.

Trusts provide benefits for heirs

Millions of people across Georgia and other parts of the country begin planning their estates each year. They know that passing away without a will can wreak havoc on their loved ones. The issue that some face is that they don't know which type of trust will provide the most benefits for their heirs.

Do your children need a standby guardian?

Did you know that scholars can trace the tradition of appointing a godparent to the second century ACE? The Encyclopedia Britannica mentions the origins of this Christian tradition in several articles, but nearly every culture has some form of honored practice of caring for orphans.

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