I Have a Revocable Living Trust…Now What?

1. What is the difference between a revocable living trust and a will?

• A revocable living trust is an estate planning document that manages your assets. You do not have to die for your revocable living trust to be useful. You must fund your trust by titling assets in the name of the trust. Funding your trust is essential to avoiding probate.  A perk to having a revocable living trust is that by doing more work on the front-end, the probate process can be avoided upon your death. 

• A will is an estate planning document that indicates your wishes and desires upon your death.  When you die, your executor may probate your will to open your estate. A perk to having a will is that there is less work and costs on the front-end.

2. What is a pour-over will?

• A pour-over will is a fail-safe if any asset is not titled in the name of your trust. If your trust is properly funded, then your pour-over will will not have to be probated. Probate is the legal process that must occur when a person dies, and an estate must be opened on decedent’s behalf. Probate must occur in the probate court in the county where the decedent was a resident. 

3. What is a trustee?

• A trustee is the personal representative who has the authority act on behalf of the trust. For example, the trustee will have access to accounts titled in the name of the trust and make distributions to beneficiaries upon your death. 

4. Who do people generally choose as their trustee?

• The trustee should be responsible, organized, and trustworthy. Additionally, when choosing someone to serve in this role, consider whether being the trustee would be too much of an emotional, mental, and/or financial strain. 

5. What should my trustee or successor trustee do once I die?

• Once you die, your trustee should determine whether estate administration is necessary. Your executor should contact Bequest Law or another estate planning firm to make this determination. 

6. Should I share my trust with someone?

• One of the benefits to having a trust is that its contents will never be made public. You can choose to share copies of your trust with others or keep the contents of your trust private.

7. Do I need to file my trust with the court?

• No, you do not have to file your trust with the court.

8. When should I update my trust and other documents?

• You should update your trust when you have major life changes or when you want to change the representatives or beneficiaries within your trust. It is a good practice to allow an estate planning attorney to review your estate planning documents every seven years.

9. What if I move out of state?

• If you move out of state, you should have an estate planning attorney within that new state review your trust to ensure that your document is legally valid.

10. What if the address of an agent who is listed in my estate plan changes?

• If an agent has an address change, this is not a significant reason to update your estate plan. Your agent can still be contacted, for example by phone or email, if necessary.

11. Where should I keep my trust?

• You can keep your trust in a fireproof safe. If you would like, you can inform your trustee or successor trustee exactly where to find the original copy of your trust in the event of your death. 

• We do not recommend placing your trust in a safe deposit box because once you die, only a co-signer would be able to access its contents. If there is no co-signor, your trustee or successor trustee would have to obtain a court order to access the safe deposit box.

12. What if I need to make a change or amendment to my trust?

• A change or amendment to a trust is known as a restatement of trust.  Please reach out to Bequest if you would like to execute a restatement of trust.

13. Should I inform someone that I listed them as a trustee or successor trustee, executor, guardian?

• It is a great idea to have a conversation with someone before you list them as having a role within your estate plan. You may incorrectly assume this person would agree to the role and subsequently have to amend your estate plan if they do not want the role. 

14. Do I need to retitle my cars in the name of the trust?

• No, your Assignment of Personal Property transfers your cars to your trust. 

15. Do I need to file a tax return for my revocable living trust?

• There is no need to file a tax return for a revocable living trust. Your personal tax return will be used to report trust income that is more than $600.

16. Can I name my minor child as a trustee or successor trustee, executor, or guardian?

• You should not name a minor as a trustee or successor trustee, executor, or guardian. The person you name should be able to serve in their role if you were to die tomorrow. Additionally, such roles are too much of a strain for a minor who is already navigating grief.

17. Can I just leave everything to one person and trust them to divide things?

• The purpose of an estate plan is to ensure that your assets are distributed according to you. While it can be hard to imagine, after your death your loved ones may behave in ways that you never expected. It is best that you make the division of your assets to avoid turmoil.

18. Can I name the same person as trustee or successor trustee, executor, and guardian?

• Yes. Naming the same person for these roles would allow him or her to smoothly carry out their duties. For example, if your guardian and successor trustee are the same person, your guardian would not have to request funds from the successor trustee. The guardian would automatically be able to access those funds.

19. What if I buy property down the road or start a business?

• If you buy property in the future, you must title that property in the name of the trust. Additionally, your interest in a future business should be titled in the name of the trust. It is very important that you title later acquired assets in the name of your trust to avoid probate.

To set up a free 15 minute consultation to discuss your current estate plan or to start the estate planning process, please call (404) 500-7531, email hello@bequest.law, or go to our website bequest.law to fill out the new client inquiry form.

I Have a Will…Now What?

1. What is the difference between a will and a revocable living trust?

• A will is an estate planning document that indicates your wishes and desires upon your death.  When you die, your executor may probate your will to open your estate. A perk to having a will is that there is less work and costs on the front-end.

• A revocable living trust is an estate planning document that manages your assets. You do not have to die for your revocable living trust to be useful. You must fund your trust by titling assets in the name of the trust. Funding your trust is essential to avoiding probate.  A perk to having a revocable living trust is that by doing more work on the front-end, the probate process can be avoided upon your death.

2. What is the probate?

• Probate is the legal process that must occur when a person dies, and an estate must be opened on decedent’s behalf. Probate must occur in the probate court in the county where the decedent was a resident. 

3. Can I avoid probate or make the process simple?

• This depends on how your assets are titled. To avoid probate or simplify the process, you can ensure that your accounts have beneficiaries or pay on death designations. Ensuring this allows your assets to automatically transfer and said accounts would not be part of your probate estate.

• If you have real property, titling such property with another person as “joint tenants with rights of survivorship” will allow it to fully transfer to the other joint tenant upon your death.

4. What is an executor?

• An executor is the personal representative you list in your will who has authority to act on behalf of the estate. For example, the executor will ensure that the will is probated, make distributions to beneficiaries, and pay creditor claims. The executor will also be held accountable by the court regarding the estate.

5. Who do people generally choose as their executor?

• The executor should be responsible, organized, and trustworthy. Additionally, when choosing someone to serve in this role, consider whether being the executor would be too much of an emotional, mental, and/or financial strain.

6. What should my executor do once I die?

• Once you die, your executor should determine whether he or she should probate your will. If all your assets transferred via beneficiary or pay on death designations, then probate will not be necessary. Your executor should contact Bequest Law or another estate planning firm to make this determination. 

7. What is a testamentary trust?

• A testamentary trust is a trust within your will that is only effective upon your death. If a beneficiary inherits through a testamentary trust, he or she will not inherit outright. Instead, you may decide to distribute your assets at a certain age or ages. You also choose a testamentary trustee who will distribute and manage the assets from the trust.

8. Should I share my will with someone?

• If you don’t want people to know the contents of your will until after your death—that is fine. It is also fine if you want to provide your children or beneficiaries with copies of the will. Sharing your will is completely optional.

9. Do I need to file my will with the court?

• No, you do not have to file your will with the court.

10. When should I update my will and other documents?

• You should update your will when you have major life changes or when you want to change the representatives or beneficiaries within your will. It is a good practice to allow an estate planning attorney to review your estate planning documents every seven years.

11. What if I move out of state?

• If you move out of state, you should have an estate planning attorney within that state review your will to ensure that your document is legally valid.

12. What if the address of an agent who is listed in my estate plan changes?

• If an agent has an address change, this is not a significant reason to update your estate plan. Your agent can still be contacted, for example by phone or email, if necessary.

13. Where should I keep my will?

• You can keep your will in a fireproof safe. If you would like, you can inform your executor exactly where to find the original copy of your will in the event of your death. 

• We do not recommend placing your will in a safe deposit box because once you die, only a co-signer would be able to access its contents. If there is no co-signor, your executor would have to obtain a court order to access the safe deposit box.

14. What if I need to make a change or amendment my will?

• A change or amendment to a will is known as a codicil. However, if you want to make substantial changes to your will, it may be better to execute an entirely new will. Please reach out to Bequest to determine the best course of action.

15. Should I inform someone that I listed them as an executor, guardian, or testamentary trustee?

• It is a great idea to have a conversation with someone before you list them as having a role within your estate plan. You may incorrectly assume this person would agree to the role and subsequently have to amend your estate plan if they do not want the role. 

16. Can I name my minor child as an executor, guardian, or testamentary trustee?

• You should not name a minor as an executor, guardian, or testamentary trustee. The person you name should be able to serve in their role if you were to die tomorrow. Additionally, such roles are too much of a strain for a minor who is already navigating grief.

17. Can I just leave everything to one person and trust them to divide things?

• The purpose of an estate plan is to ensure that your assets are distributed according to you. While it can be hard to imagine, after your death your loved ones may behave in ways that you never expected. It is best that you make the division of your assets to avoid turmoil.

18. Can I name the same person as executor, guardian, or testamentary trustee?

• Yes. Naming the same person for these roles would allow him or her to smoothly carry out their duties. For example, if your guardian and testamentary trustee are the same person, your guardian would not have to request funds from the testamentary trustee. The guardian would automatically be able to access those funds.

19. What if I buy property down the road or start a business?

• If you buy property in the future, that property would be contemplated by the will based upon the will’s language. However, if you buy multiple properties, you should contact Bequest to determine whether a will is still the best estate plan for you. 

• If you start a business in the future, you should also reach out to our firm to determine if your will already covers your business interest and whether a will is still the best estate plan for you.

To set up a free 15 minute consultation to discuss your current estate plan or to start the estate planning process, please call (404) 500-7531, email hello@bequest.law, or go to our website bequest.law to  fill out the new client inquiry form.

New Federal Reporting Requirements for LLCs and other Businesses: What You Should Know about the Corporate Transparency Act

The Corporate Transparency Act (CTA) took effect on January 01, 2024 as a federal effort to reduce unlawful business dealings and affects many Bequest clients, who own or control more than one-fourth of a company’s interest. The Act requires business owners to submit beneficial ownership information (BOI) reports to the Financial Crimes Enforcement Network.  Those impacted by the CTA should ensure they are in compliance to avoid potential fines or criminal charges. 

Who Is Impacted

The beneficial owner of an existing reporting company or a newly created or registered reporting company will have to file a BOI report to be in compliance with the CTA. A “beneficial owner” of a reporting company is someone who exercises substantial control over the company or someone who owns or controls one-fourth, or more, of the company’s ownership interests. 

The CTA applies to domestic reporting companies and foreign reporting companies, including corporations, limited liability companies (LLCs), and other business entities. Domestic reporting companies are formed and registered to conduct business in the United States while foreign reporting companies are formed in another country but registered to conduct business in the United States as a foreign entity. 

Information to Report

Within the BOI report, the beneficial owner of a reporting company will provide 

1) beneficial ownership information, 2) company information, and 3) company applicant information. 

1) Beneficial ownership information includes:

• Name, date of birth, address 

• Identification number from a valid form of identification and the issuer of said identification

• Image of above-used identification

This beneficial ownership information must be provided for each beneficial owner. There is no limit on the number of beneficial owners a reporting company can have.

2) Company information includes: 

• Company’s legal name

• Company’s trade name, if any

• Address of company’s principal place of business; if principal place of business not in United States, list address used to conduct business in United States

• Taxpayer identification number

A company applicant is the person who filed to create a domestic reporting company or register a foreign reporting company to operate in the United States. If multiple people were involved in creating or registering the reporting company, the company applicant is the person most responsible for fulfilling the filing. 

3) Company applicant information includes: 

• Address (use residential address for an individual and business address for person who files in the course of business)

• Identification number from a valid form of identification and the issuer of said identification

• Image of above-used identification

There can be no more than two company applicants. Additionally, the company applicant information is only required to be filed by a reporting company formed or registered on or after January 01, 2024. 

Filing Timeline

The timeline to file varies based on whether a reporting company is an existing company or a newly created or registered company. 

Existing Company’s Filing Deadline: 

• An existing company, created or registered prior to January 01, 2024: must file its initial BOI report by January 01, 2025. 

• Newly created or registered company, created or registered on or after January 01, 2024, but before January 01, 2025: must file its initial BOI report within 90 days of notification of its formation or registration. 

• Newly created or registered company, created or registered on or after January 01, 2025: must file its initial BOI report within 30 days of notification of its formation or registration.

Timeline for Updating BOI:

The CTA also provides guidance on updating the information included in a filing and correcting an error in a filing. A company has 30 days within a new development regarding the reporting company or a beneficial owner, to update its BOI report. If there is an error pertaining to beneficial owner information, company information, or company applicant information, a company has 30 days within discovering the error to update its BOI report. 

How Bequest Can Help

If you have questions or require filing help, please call or email Bequest today - 404-500-7531 or hello@bequest.law! Bequest will not take proactive steps on behalf of our current or former clients.

Safeguarding Digital Assets: A Professional Approach to Preventing Elder Fraud

Unfortunately, elder fraud hits close to home for me. After my mother's passing, I found myself stepping into a new role – becoming the primary caregiver for her older brother, my uncle, and taking charge of his finances and healthcare. What unfolded was a stark realization that he was falling victim to exploitation. Without delving into the grim details, I discovered a network of so-called 'friends' treating him as their personal financial reservoir. From supporting their dubious 'roofing business' to funding car repairs and even providing them free residence in his lake house—the list seemed endless.

Navigating the complex landscape of elder fraud can be daunting, especially when it comes to the digital realm. As someone who stepped into the role of managing an aging loved one's finances, I've witnessed firsthand the vulnerability that our aging loved ones can face. 

Elder Fraud Unveiled

Elder financial exploitation (EFE) is a pressing concern, encompassing both theft by trusted individuals and scams by strangers. Here’s a high-level overview of elder fraud in a glance:

Elder Theft: Schemes involving the theft of an older adult’s assets, funds, or income by a trusted person.

Elder Scams: Scams involving the transfer of money to a stranger or imposter for a promised benefit or good that the older adult did not receive.

A recent AARP report reveals staggering figures – an estimated $28.3 billion is stolen from U.S. adults over 60 each year, with a significant portion being perpetrated by known individuals like friends, family, or caregivers.

Following personal experiences in managing a relative's affairs, helping clients preemptively organize their own legacy affairs and serving as a quarterback for executors as the founder of AfterLight, I've come to understand the necessity of proactive measures in safeguarding against elder fraud and theft.

Digital Defenses Against Fraud:

To combat the rising tide of elder fraud, particularly in the digital landscape, a strategic approach is essential:

Family Communication:

• Initiate open conversations within the family. Discuss red flags, stay informed about current scams, and establish a system for regular check-ins. Encourage elders to report any suspicious calls or emails promptly.

Anti-Fraud Tools:

• Leverage credit freezes, call-blocking technologies, and adherence to the Do Not Call Registry. Implement strict privacy controls on social media platforms, install reliable antivirus software, and develop a scripted response to potential scams.

Ghosting: Deceased Identity Theft

I’m sorry to be the bearer of bad news, but fraud can not only take place while you're alive, but also after you’ve died. Ghosting, a form of identity theft where scammers exploit the personal information of deceased individuals, poses another significant challenge. Here's how to mitigate the risk:

Obituary Management:

• Limit sensitive details in obituaries, such as birthplace, addresses, and mother's maiden names. Consider excluding survivors' names to reduce the risk of being targeted.

Digital Defenses Redux:

• Utilize online planning tools offered by platforms like Facebook, Apple, and Google to manage digital assets and account access after death. 

Holistic Estate Planning:

• Encouraging estate planning exercises, including awareness of existing documents, establishing a financial power of attorney, and appointing trusted contacts, adds an additional layer of protection.

Wrangling Your Digital Assets:

One of the crucial steps in safeguarding against elder fraud is the audit and organization of digital assets:

• Implement two-factor authentication (2FA) to create strong and unique passwords, and consider using a password manager (Examples: Dashlane, Bitwarden, LastPass, etc). Educate loved ones (as well as yourselves!) on the importance of secure password practices.

• Categorize your digital assets, including online accounts, digital media, health records, subscriptions, cryptocurrency, and more. A comprehensive approach ensures nothing is overlooked.

In conclusion, safeguarding loved ones and yourself from elder fraud involves a comprehensive strategy that encompasses communication, technology, estate planning, and digital asset organization. 

By adopting a proactive and systematic approach, we can protect our elders from financial exploitation and the ever-present threat of identity theft, providing peace of mind for both them and their families.

Cheers to a more (digitally) organized and proactive approach to the new year!

Rachel Donnelly

Founder and CEO, AfterLight After Loss Professionals

P.S. Does this feel overwhelming? *Feel free to download AfterLight's freebie document "Ways to Protect Your Digital Estate" here. Additionally, if you're ready to explore our Legacy Planning Services, including digital asset organization, schedule a discovery call with us here.

SECURE 2.0 Act: How It Affects You and Your Retirement Account Beneficiaries

For most Americans, a retirement account is the largest asset they will own when they pass away. For that reason, you should be paying attention to the ever evolving SECURE ACT. On December 29, 2022, President Biden signed the Setting Every Community Up for Retirement Enhancement 2.0 Act (SECURE 2.0 Act). 

The previous 2020 SECURE Act made several changes to retirement planning including:

• increasing the required beginning date for required minimum distributions from your individual retirement accounts from 70 ½ to 72 years of age.

• eliminating the age restriction for contributions to qualified retirement accounts.

• requiring that most designated beneficiaries withdraw the entire balance of an inherited retirement account within 10 years of the account owner’s death. Those excluded from the 10 year rule include: Spouses, minor children,  beneficiaries 10 years younger than the account owner,and disabled and chronically ill individuals 

New Provisions in the SECURE 2.0 Act

The SECURE 2.0 Act made quite a few enhancements to clarify the original legislation. Several of the key enhancements are summarized below: 

• It raises the required beginning date age for required minimum distributions to 73 in 2023 and 75 by 2033.

• It decreases penalties for not taking required minimum distributions to 25% of the required amount and 10% of IRAs if corrected timely. With exceptions that include: Qualified births and adoption expenses, Terminally ill individuals, Federally declared disasters, Emergency personal expenses, and Domestic abuse victims

• Employees are automatically enrolled in 401(k)/403(b) plans (opt out within 90 days)

• Higher catch-up contributions are allowed for participants over 50 ($7,500 in 2023).

• Early distributions are permitted for long-term care contracts without penalty.

• Qualified charities can be named as remainder beneficiaries after the death of a disabled or chronically ill beneficiary without disqualifying the trust as a see-through trust.

• Plan sponsors may match contributions made on student loan repayments on the same vesting schedule as elective deferrals, effective 2024.

• 529 plans maintained for at least 15 years may be rolled over into a Roth IRA with a $35,000 lifetime limit, effective 2024.

Effect of SECURE 2.0

The new provisions and exceptions in the SECURE 2.0 Act may change the decisions you have made for your intended beneficiaries and alter the path to achieving your long-term goals. Under the old law, beneficiaries of inherited retirement accounts could take distributions over their individual life expectancy. Under the SECURE Act and SECURE 2.0 Act, the shorter 10-year time frame for taking distributions will accelerate income tax due, possibly bumping your beneficiaries into a higher income tax bracket and causing them to receive less of the funds in the retirement account than you may have originally anticipated. Eligible designated beneficiaries exempt from the 10-year rule may still have the opportunity to benefit from future retirement plan growth. Your estate planning goals likely include more than just tax considerations. You may also be concerned with protecting a beneficiary’s inheritance from their creditors, future lawsuits, and a divorcing spouse. In order to protect your hard-earned retirement account and the ones you love, it is critical to act now.

What to do in Light of the Changes: 

1. Review Your Revocable Living Trust or Standalone Retirement Trust

Your estate plan may already address the distribution of your retirement accounts. For example, your trust most likely includes a conduit provision requiring that retirement distributions be immediately distributed to or for the benefit of the beneficiaries. However,  with the SECURE Act’s passage, a conduit trust structure may not be the best choice any longer because the trustee will be required to distribute the entire retirement account balance to most types of beneficiary within 10 years of your death, causing an income tax headache for the beneficiary.

2. Consider Additional Trusts

It also may be beneficial to create a separate trust to handle your retirement accounts. While many accounts offer simple beneficiary designation forms that allow you to name an individual or charity to receive funds when you pass away, this form alone does not take into consideration your estate planning goals and the unique circumstances of your beneficiary. A trust is a great tool to address the mandatory 10-year withdrawal rule under the SECURE Act, providing continued protection of a beneficiary’s inheritance.

3. Review Intended Beneficiaries

Whichever estate planning strategy is appropriate for you, it is important that your beneficiary designation is filled out correctly. Whether your intention is for the retirement account to go into a trust for a beneficiary or you want the primary beneficiary to be an individual, you must properly name and list the beneficiary on a beneficiary designation form. You should ensure that you have listed contingent beneficiaries as well. If you have recently divorced or married, you will need to ensure that the appropriate changes are made to your current beneficiary designations. At your death, in many cases, the plan administrator will distribute the account funds to the beneficiary listed, regardless of your relationship with the beneficiary or what your ultimate wishes might have been. If you are charitably inclined, now may be the perfect time to review your planning and possibly use your retirement account to fulfill your charitable desires. By giving retirement to charity, you avoid SECURE act tax consequences and may benefit from the tax charitable deduction.

Although these new laws may be changing the way we think about retirement accounts, we are here and are prepared to help you properly plan for your family and protect your hard-earned retirement accounts. We can explore different strategies with your financial and tax advisors to infuse your estate with additional cash upon your death. Give us a call today to schedule an appointment to discuss how your estate plan and retirement accounts might be impacted by the SECURE Act and how to best adjust your plan.

An Eco-friendly Alternative: Should you Consider A Green Burial?

A green or natural burial is an affordable and environmentally friendly alternative to traditional burials that is becoming increasingly popular with Bequest’s clients. To prepare for a green burial, a body is wrapped in a shroud or interred in a pine box without embalming fluids, chemicals, vaults, and cement containers that often harm the surrounding environment. Utilizing biodegradable and environmentally friendly materials, the body is then buried about three feet below ground. Our clients also sometimes opt to be used as organic material to grow a tree. Similarly, cremated remains can be buried in a biodegradable container or spread across the land.

While in recent years there has been a growing desire for green burials, the concept is an age-old practice. Believing that a person’s body should return the universe as it came, Native American cultures practiced no other forms of burying their dead.  In fact, green burials were the norm among Americans until embalming became necessary to return the bodies of Civil War soldiers to their homes. 

Until recently, the state of Georgia required embalming even if a person chose to be cremated. Perhaps the popular trend towards environmental consciousness pushed lawmakers to reconsider arcane practices. Today, most states, including Georgia, agree that embalming should not be required. With less stringent laws, more and more ecological burial sites are popping up around Georgia. As of 2023, there are three cemeteries dedicated to green burials in Georgia including: Honey Creek Woodlands, Milton Fields Natural Burial Ground, and Whispering Hills Natural Green Cemetery and Memorial Nature Preserve.

Honey Creek Woodlands

Located in Conyers, Georgia, Honey Creek Woodlands is a part of the Monastery of the Holy Spirit, opened in 2008, and has over 100 acres of land reserved for burial. Honey Creek views green burial as a way “to conserve nature by expanding the wildlife habitat, providing an environment for native plants to thrive, and providing clean air, and a cleaner watershed.” Honey Creek allows for the burial of bodies and of interred cremated remains. However, it does not permit families to spread their loved one’s ashes on its grounds. 

Over the years, family members of those buried at Honey Creek have formed meaningful connections to the cemetery. One particular connection surrounds a bridge at the cemetery known as the “Bridge to Grace,” which was built by the family of a young child, Grace, who is interned at Honey Creek. Occasionally when her parents visited her gravesite, there was flooding on the bridge over Honey Creek, which complicated their trip. Seeing this problem encouraged the parents to raise money and help build the Bridge to Grace, which allows clear access to gravesites within the cemetery.

Milton Fields Natural Burial Ground 

Milton Fields Natural Burial Grounds in Milton, Georgia is dedicated to “promot[ing] environmental preservation and land conservation.” They have seventeen acres reserved for burial, which is enough land to bury more than four thousand remains. Milton Fields allows for the burial of bodies and cremated remains. Unlike Honey Creek, it allows for the scattering of cremated remains.

Whispering Hills Natural Green Cemetery and Memorial Nature Preserve

In 2021 Whispering Hills Natural Green Cemetery and Memorial Nature Preserve in LaGrange, Georgia opened its gates to green burials. It similarly “aims to conserve the woodland that the [founding family] owns.” Whispering Hills permit bodies and cremated remains to be buried within their grounds, as well as the scattering of ashes within the cemetery. However, scattered remains must be “mixed with a specially formulated soil that will encourage plant growth.” Additionally, families must bring the remains to the Whispering Hills office four months prior to scattering to start “the composting process.”

Anyone interested in a green burial can contact these cemeteries for more information. If you are interested in an ecological burial or cremation or if you have specific desires for your remains it is important you note it in your estate plan. To set up a free 15 minute consultation to discuss amending your current estate plan or to start the estate planning process, please call (404) 500-7531, email hello@bequest.law, or go to our website bequest.law to  fill out the new client inquiry form.

CHECK YOUR DEED: Why is “Survivorship” Language Important

Whether you are looking to buy or already own a house with another person, it is important that your deed includes specific language so title may seamlessly transfer after you or that person pass away.  

 Here are the two most common ways to own property in Georgia: 

1. Tenants in Common: If one person passes away, their share goes to their family as stated in their will or by intestate laws. The other person’s ownership stays the same.

2. Joint Tenants with Right of Survivorship: If one person passes away, their share automatically goes to the other (meaning the survivor owns the whole house). 

To be Joint Tenants with Right of Survivorship your deed must state your names and include “as joint tenants with the right of survivorship” or other similar survivorship language. 

Owning property as joint tenants with the right of survivorship is important for married couples and essential for unmarried couples who want the surviving spouse/partner to seamlessly inherit. Here’s why:

Clarity of Ownership: Joint tenancy eliminates any ambiguity about who owns the property after one spouse's passing. The surviving spouse becomes the sole owner, and this ownership change is straightforward and clear.

Seamless Transfer: In this ownership form, the transfer of ownership is automatic and immediate. Upon the death of one spouse, the property ownership is simply transferred to the surviving spouse without the need for legal procedures or delays.

Avoid Probate for the First to Pass: Probate is the legal process that occurs after someone passes away to distribute their assets according to their will or state law. When a property is owned as joint tenants with the right of survivorship, it automatically passes to the surviving spouse without going through probate. This can save time, money, and stress for the surviving spouse and their family. 

Emotional Comfort: Losing a spouse is a difficult time emotionally, and having the property automatically pass to the surviving spouse can alleviate additional legal and financial burdens during an already challenging period.

Depending on your specific goals, circumstances, and preferences, forming a trust might be a better way to accomplish the same outcome, especially if you wish to pass your real estate seamlessly to the next generation.  Read more in our blog about revocable trust planning.

If you’re not sure what your deed says or if you have any questions about how to structure your property ownership, reach out to Bequest for a consultation today!

Changes To Georgia’s Probate Laws: How does this Affect your Estate Plan?

Effective July 1, 2023, O.C.G.A. §53-5-8 complicates the process of probating a will in Georgia. The new law adds additional requirements that an executor must follow within a short period of time after receiving their Letters Testamentary.

Previously, in order to open an estate in Georgia, an executor was only required to notify the deceased’s closest surviving relatives (i.e., “heirs at law”), whether or not that relative was named in the will as a beneficiary. 

Under the new code section, once the Court issues Letters Testamentary, which give the Executor the power to act on behalf of the Estate, the Executor has 30 days to send notice and a copy of the Letters to all beneficiaries named in the will with an immediate interest to inherit, unless the beneficiary waives notice in writing and within 60 days of receiving Letters and the Executor files the waiver with the Court. If a beneficiary’s location is unknown, an affidavit of diligent search is required. If the Executor does not provide notification to the Court, an Executor may be required to appear before the Court for a hearing and risk having their title revoked.

To comply with the fast-paced deadlines and filing requirements, the Executor faces a significant increase in time, burden, and costs associated with administering a loved one’s will. While an experienced probate attorney may ease the process along, those considering drafting an estate can be proactive and avoid this headache for their family by drafting a trust. Specifically, a revocable living trust (RLT) is an easy way for one’s assets to pass on without involving the Court.

For a detailed discussion of revocable trusts, please read our blog post, and, as always, call or email Bequest if we can help!

Knowing When to Update Your Estate Plan

One of our most common client questions at Bequest is: how often do I need to update my estate plan? While we aim to draft a flexible estate plan that doesn’t require constant updates, an estate plan isn’t a one-and-done affair for most clients. Life is constantly evolving, and as certain circumstances change, so should your estate plan. This article will explore key situations that indicate it’s time to amend your estate plan.

Major Life Events: Life is full of significant milestones that can impact your estate plan. Certain events, such as marriage, divorce, the birth of a child or grandchild, or the death of a beneficiary, may necessitate amending your plan. When any of these events occur, it’s crucial to review your documents and adjust your plan to accommodate the changes in your life circumstances and relationships.

Relocation or Changes in Jurisdiction: Moving to a different state or country can trigger the need for amendments to your estate plan. Each jurisdiction has its own set of laws and regulations governing estates and inheritance. Updating your plan to reflect the laws of your new residence avoids complications and unintended consequences. Consult with an attorney familiar with the laws of your new jurisdiction to ensure your estate plan remains valid and effective.

Changes in Financial Situation: Your financial situation directly impacts your estate plan. Suppose you experience substantial changes in your wealth, such as receiving a large inheritance, selling or purchasing valuable assets, starting a new business, or retiring. In those situations, it is advisable to review your estate plan. Consider whether your current plan adequately addresses your unique financial situation and adjust it accordingly to optimize your asset distribution and minimize tax implications.

Need for a Different Guardian, Trustee, or Executor: If you appointed guardians for your minor children or designated trustees or executors to manage your assets, it is important to review these choices periodically. Over time, relationships may change, people get older, and the people you once trusted to fulfill these roles may no longer be the best fit. By amending your estate plan, you can ensure that the individuals responsible for the well-being of your loved ones and the management of your assets are still suitable and willing to fulfill their duties.

Changes in the Law: Changes in the federal, state, or local tax laws necessitate a review of your plan. Tax laws are always subject to change, and tax legislation modifications can significantly impact your estate plan. Stay informed about any alterations in estate tax thresholds, exemptions, or deductions that may affect your estate planning strategies. Regularly reviewing your estate documents with a knowledgeable estate planning professional will help ensure that your plan is structured in a tax-efficient manner.

By paying attention to major life events, changes in your financial situation, relocation, people nominated to play key roles, and changes in the law, you can take proactive steps to keep your estate plan up to date and aligned with your current intentions. Remember, consulting with an experienced estate planning attorney can provide invaluable guidance during the amendment process and ensure your estate plan remains valid and effective.

Will vs. Revocable Living Trust: What’s the Difference?

Planning for the future is an essential step in ensuring your assets and loved ones are well taken care of when you're no longer able to do so. We at Bequest commonly use two estate planning tools to plan for our clients: wills and revocable living trusts. While both serve the purpose of distributing your assets upon your passing, they have distinct differences. In this blog post, we'll explore the dissimilarities between a will and a revocable living trust and shed light on the reasons why someone might choose a revocable living trust over a will.

Wills: A Traditional Approach

A will, also known as a "last will and testament," is a legal document that outlines your wishes regarding the distribution of your assets after your death. It can also include guardianship for your kids as well as burial or cremation preferences. Here are some key features and characteristics of a will:

1. Simplicity: Creating a will is often a straightforward process that allows you to designate beneficiaries and allocate specific assets to them.

2. Probate: Wills generally go through probate, a legal process that validates the document and ensures its authenticity. This process can be time-consuming and costly.

3. Privacy: Wills become publicly accessible documents during probate, which means the details of your assets and beneficiaries become part of the public record.

4. Flexibility: Wills can be modified or revoked at any time during your lifetime, as long as you have the testamentary capacity to do so.

5. Contingent Trusts: Clients often create “testamentary trusts” for their minor children within their wills, but those trusts are only created after death and through the probate process.

Revocable Living Trusts: A Versatile Estate Planning Tool

A revocable living trust, also referred to as a "living trust" or "inter vivos trust," is an estate planning instrument that holds your assets during your lifetime and allows for seamless transfer of these assets after your death. Here's a closer look at revocable living trusts:

1. Avoidance of Probate: One significant advantage of a revocable living trust is that it bypasses the probate process entirely, saving time and costs (especially when there is out-of-state property involved). Assets held within the trust are transferred directly to the designated beneficiaries upon the grantor's death.

2. Privacy and Confidentiality: Unlike wills, revocable living trusts remain private documents, providing a level of confidentiality as the details of your assets and beneficiaries are not accessible to the public.

3. Incapacity Planning: A revocable living trust can also provide for the management of your assets in the event of your incapacity. A successor trustee, named by you, can step in to manage your affairs without the need for court intervention.

4. Flexibility and Control: While you're alive and of sound mind, you have the power to modify or revoke the terms of your trust at any time, giving you greater flexibility and control over your assets.

5. Tax Planning: For clients with a taxable estate, a revocable living trust can create tax savings or deferrals.

Why Choose a Revocable Living Trust?

While wills have been the traditional choice for estate planning, revocable living trusts have gained popularity for several reasons:

1. Avoiding Probate: By utilizing a revocable living trust, you can bypass the probate process, which can be lengthy, expensive, and open to public scrutiny.  This is especially important when clients have out-of-state property.

2. Privacy and Confidentiality: Revocable living trusts offer privacy, ensuring that the details of your assets and beneficiaries remain confidential.

3. Incapacity Planning: The inclusion of provisions for incapacity planning within a revocable living trust ensures that your assets are effectively managed if you become unable to do so yourself.

4. Asset Protection: A living trust can provide asset protection for your beneficiaries. It allows you to place certain restrictions on the distribution of assets, protecting them from potential creditors, lawsuits, or divorces.

5. Tax Planning: A living trust can reduce or delay estate taxes.

While wills and revocable living trusts serve the common purpose of distributing your assets after your passing, they differ significantly in terms of probate, privacy, flexibility, and control. Call Bequest today to decide which planning technique is best for your family!

College Care Package

May is an exciting time for many of Bequest’s clients, as their children graduate and move on to the next phase of their lives! Graduation season is especially exciting for anyone sending a child to college as a freshman. We at Bequest love supporting our clients at every phase of life and sending a new adult child to college is no exception. That’s why we’re offering a new College Care Package, which includes a power of attorney and advance directive for health care for college age students. Why would your young adult need a power of attorney and advance directive for health care? Read on to find out! 

As your child enters college, they become an independent adult with newfound freedoms and responsibilities. While this is an exciting time, it's important for parents to recognize that they may no longer have the legal authority to make decisions for their child in certain situations. This is where a power of attorney and advance directive for health care can be crucial.

A power of attorney is a legal document that grants someone else the financial authority to act on your behalf. In the case of a college student, a power of attorney can allow parents to manage their child's financial affairs if they become incapacitated or unable to make decisions on their own. For example, if your child becomes seriously ill or injured, you may need to access their bank accounts or sign important documents on their behalf. Without a power of attorney, you may not be able to do so.

A power of attorney may also be important even if your child is not incapacitated. While your child may be able to make decisions for themselves, there may be situations where it would be helpful for a parent to act on their behalf. For example, if your child is studying abroad and needs help managing their finances, a power of attorney can allow you to do so without having to navigate complex legal systems in a foreign country. Additionally, a power of attorney can be helpful in situations where your child may be unavailable or unable (or unwilling) to make decisions on their own. By having a power of attorney in place, you can ensure that you are able to act quickly and effectively in your child's best interests, regardless of their legal capacity.

An advance directive for health care is another legal document that can outline your child’s wishes for medical treatment in the event that they cannot make the decision for themselves. This can be particularly important for college students who may be living far from home and without immediate family nearby. Creating an advance directive ensures that your child’s wishes are followed and can help avoid potential conflicts or misunderstandings between family members during stressful and emotional times.

While it can be difficult to think about these types of scenarios, it's important to be prepared. Creating a power of attorney and advance directive for health care can give both you and your child peace of mind and help ensure that their well-being is protected. It can help protect your child's interests and well-being in the event of an emergency, and it can provide you with the legal authority to act on their behalf when necessary. Don't wait until it's too late – take the necessary steps to ensure that your family is prepared for any situation.

Did you know that Only 1 in 3 Americans Have an Advance Directive for Health Care?

No matter your age, it’s essential to plan for the future, and one aspect of that planning is deciding how you want to be treated in case of a medical emergency. Georgia’s Advance Directive for Health Care (ADHC), sometimes called a living will, is a legal document that allows you to do just that.

In simple terms, an ADHC is a document that makes your medical treatment wishes known to your doctors and loved ones so they can follow them when you’re not able to speak for yourself.

The document both designates a trusted person to make medical decisions on your behalf if you’re unable to do so and describes your preferences for end-of-life care, such as whether you want to be kept alive by artificial means and if you are comfortable with donating your organs. 

An ADHC is necessary and can improve your family’s life for several reasons. Firstly, it ensures that your wishes for medical treatment are respected, giving you a peace of mind that your doctors and family will act as you would have if you were able.   

Secondly, this document helps ease the burden of making health care decisions in a vacuum by informing your family members who may be struggling to make decisions on your behalf. On top of the heart ache and uncertainty during a difficult time, the extra weight of making your medical decision may make the process unbearable. Knowing your wishes and having a clear plan in place can give them a sense of direction and make decision-making less overwhelming.

Similarly, having an ADHC can prevent family conflicts. In the absence of a clear plan, family members may have different ideas about what’s best for you, which can lead to disagreements and hurt feelings. Having a legal document that clearly outlines your wishes can avoid arguments by providing an impartial guide for your loved ones to follow.

Lastly, this planning tool can improve your family’s communication and understanding of each other’s values and beliefs. It can be an opportunity to have important conversations about end-of-life care and what matters most to each family member. This can foster a greater sense of connection and support within the family.

In conclusion, an ADHC is an essential part of planning for your future. It can ensure that your medical wishes are respected, reduce stress and uncertainty for your loved ones, and prevent family conflicts. By taking the time to create this document, you can have peace of mind knowing that your end-of-life care will be handled according to your wishes.

Disclaimer: This content is for informational purposes only, and does not constitute legal advice nor create an attorney-client relationship with Bequest Law.

You Created a Trust — Now Don’t Forget to Fund It!

Many individuals and families set up trusts as part of their estate planning, and they are fantastic tools that can make it easier to administer or execute an estate in the future.

However, often people neglect to follow through on one of the most important aspects of trusts: funding it.

The stakes are high: an unfunded or partially funded trust doesn’t avoid probate, which is one of the primary benefits of creating a trust in the first place.

To fund a trust, you must do two key things:

• Make ownership changes to the title of assets such as your house, vacation home, boat, bank accounts, businesses you own, etc. by switching it from your personal name as an individual to your name as Trustee of your trust

• For other assets such as life insurance and retirement accounts, you will make beneficiary changes so that those assets are properly distributed upon your death

Accomplishing these two important tasks often requires signing, notarizing, and filing new deeds for real estate or property, signature cards or pay-on-death-beneficiary documents with your bank, or survivor ownership documents. You will also likely need to file new beneficiary forms for individual retirement accounts, pension plans, and life insurance.

When you create a trust, the portfolio of paperwork related to that trust will include a Certification of Trust that documents you are the Trustee of your trust and have the authority to make these changes, however most institutions have their own forms that they will require you to complete (and some may require notarization). 

In addition to help from an estate planning attorney, you may also need guidance from your financial advisor, accountant, broker, or life insurance agent to make ownership or beneficiary changes. If you have trouble making ownership or beneficiary changes to any accounts, it can be helpful to include your estate planning attorney on a call with the institution to help explain the matter and request proper documentation.

Once you have completed the ownership and beneficiary changes for every account and asset, you should place a copy of that paperwork into a folder along with your estate planning documents and keep them in a safe place so that your family or loved ones know where to find your assets and how each asset or account is owned.

While it may seem overwhelming, funding a trust is not that hard. It takes patience, organization, research skills to find the right forms you’ll need to submit, and some time spent on hold with customer service representatives at the institutions you do business with to get your questions answered. Create a checklist of all the accounts you need to make changes on, keep track of the status of your request, and keep copies of the final confirmation or proof that the changes were made.

When you open new accounts in the future, buy another home, start another business or create a new asset, you should also consult with your estate planning attorney on putting the ownership or beneficiary designations in the name of your trust.

As with all estate planning matters, it’s also important to periodically revisit and update your will, trust, and other documents, especially as major life events occur such as marriage or domestic partnership, divorce, the birth of additional children or adoption, or children turning 18 and becoming legally recognized adults. 

Disclaimer: This content is for informational purposes only, and does not constitute legal advice nor create an attorney-client relationship with Bequest Law.

Saluting Our Team’s Unique Skill Sets During Women’s History Month

With Women’s History Month approaching in March, we want to take a moment to salute the strong and independent women of Bequest Law.

When our founder Kristen Rajagopal established Bequest in 2017, she had a vision for creating an entrepreneurial and nimble boutique firm that would be responsive to the unique needs and situation of each client — and help them understand and navigate the complex world of estate planning and probate.

Today, we have a purpose-built team of attorneys, paralegals and support staff who each bring unique backgrounds and skillsets to the table for the benefit of our clients.

Estate planning usually intimidates or frightens people, which often leads to procrastination and neglecting to put an estate plan in place — and that makes it much harder for your family and loved ones to execute or administer your estate after you die.

We work together as a team to demystify the estate planning and probate process so clients feel more confident, secure, and knowledgeable. We ask each client lots of questions about their family situation and aspirations for what they would want to have happen with their assets after they die, and then take a thoughtful and intentional approach in creating a bespoke estate plan that meets their unique needs and wishes.

Each person on our team — which happens to be all women — has specialized education, training, career experiences, and skills to make estate planning more empowering and comforting.

This is our team of extraordinary women:

Kristen Rajagopal

Kristen is the founder and managing partner of Bequest. Originally from a Kentucky suburb of Cincinnati, she graduated magna cum laude and with honors from Brown University. She earned her law degree from the University of Southern California Law School, which is consistently ranked among the top law schools in the country.

Kristen makes the estate planning process as straightforward as possible, always allowing clients to be involved as little or as much as they’d like.

She has been an attorney for over a decade and has practiced law at a number of prominent law firms in Atlanta and in the San Francisco Bay Area.  She has been recognized as a Rising Star by Super Lawyers for several years and serves on the Estate Planning and Probate Section of the Atlanta Bar Association.

Since founding Bequest, Kristen has intentionally recruited and developed a rockstar team of attorneys and support staff — who all happen to be women — that works together to demystify the estate planning and probate legal processes and help clients achieve their goals. Kristen and her husband live in the Virginia-Highlands neighborhood of Atlanta with their two young sons and crazy dog.

Ansley Armagost

Ansley is an associate in Bequest’s estate planning and estate administration practice areas. She joined the firm in 2022 and works with clients to establish individualized estate plans and form small businesses and understand the tax and financial implications of starting a business. 

Ansley also works with clients throughout the probate process, helping them stay organized and resolve matters efficiently as they work to wind down an estate and ultimately get it discharged by the court.

Ansley grew up in Peachtree City, Georgia, and earned a Bachelor of Arts, summa cum laude, with honors from the University of Alabama. She continued on with the Crimson Tide to complete a juris doctorate degree at the University of Alabama School of Law, a top 25 law school, where she was involved in the school’s legal clinic and focused on estate planning. Ansley is currently pursuing an LL.M. in taxation. While Ansley is an avid Alabama fan, her roots remain in Atlanta.

Laura Kish

Laura is our Director of Business Operations, and she works closely with our clients on estate planning to help them understand how it works and gather information to make the process smoother and easier.

Earlier in her career, she worked in architecture, interiors, and property management — which means she has an eagle eye for detail, and superb organizational and project management skills.

She also helps manage day-to-day operations and the details of our growing practice. 

Laura is originally from Clearwater, Florida, and graduated magna cum laude from Mercer University in Macon, Georgia with a Bachelor of Arts in Philosophy and Political Science. She also holds a Master of Architecture degree from Georgia Tech (go Jackets!!). She is the parent of three young adult children and an avid crafter, runner, and tennis player.

Sherry Frederick Hodges

Sherry began her paralegal career after spending 20 years working in inflight operations at Delta Air Lines and also working as an office manager for a real estate appraisal company. She is very talented at multitasking, handling tense situations, and pivoting when unexpected things happen.

Sherry works closely with clients throughout the estate planning process to help them gain clarity around their wishes and make intentional decisions about how they would want their assets to be distributed.

She graduated from the University of North Carolina Chapel Hill with a Bachelor of Arts degree in Journalism, and she is a fantastic writer — we are all quick to tap into her skills when we need to polish a writeup or wordsmith a document. She enjoys spending time with her husband and two adult children as well as horseback riding, playing tennis, reading, and traveling to new places.

Marie Martinides

Marie is Bequest’s executive assistant, and she has a passion for serving and supporting others. She helps us wrangle calendars and manage our day-to-day activities, and she is so organized that she could teach Marie Kondo a thing or two.

Marie grew up in Alpharetta, Georgia but currently resides in the Westside neighborhood of Atlanta. She graduated from The University of Georgia (go Dawgs!) and received her undergraduate degree in Human Development and Family Science. 

When she’s not working, Marie can be found going on walks, exploring new restaurants around the city, and mastering her pickleball skills!

Disclaimer: This content is for informational purposes only, and does not constitute legal advice nor create an attorney-client relationship with Bequest Law.

How The SECURE 2.0 Act Could Impact Your Retirement & Estate Planning

Now that the SECURE 2.0 Act has become law, there are a few changes that might influence how you’re thinking about your estate plan and what happens to your retirement assets after you die.

The first iteration of the SECURE Act in 2019 had some drastic changes like raising the age at which retired people have to start taking required minimum distributions (RMDs) from their retirement accounts, removing the age limit for IRA contributions, and eliminating the “stretch” option for the majority of IRA and 401k beneficiaries.

The SECURE 2.0 Act has more subtle changes, which have a greater impact on overall retirement planning that they do on estate planning.

Changes to RMD Age & Penalties

One new provision is that the RMD is being raised again to age 73 (from 72 previously), starting on January 1, 2023. For people who are turning 72 in 2023 and had been planning on taking RMDs this year, they can now delay that if they choose. 

For estate planning purposes, there could be implications in the RMD age change if a beneficiary dies — a surviving spouse can elect to use the age of the decedent as the determining factor for taking required distributions. And if the surviving spouse dies before RMDs begin, the surviving spouse’s beneficiaries would be treated as if they were the original beneficiaries.

Another noteworthy change is that the penalty for not taking RMDs will decrease to 25% of the amount that wasn’t taken, down from a 50% penalty previously. For IRA owners, the penalty will be 10% if the account owner withdraws the RMD that they were supposed to take and also files a corrected tax return.

For those who are looking far out into the future, the age for RMDs will increase again to 75 starting in 2033.

Catch-up Contributions

The new law also lets people ages 60 to 63 make catch-up contributions of up to $10,000 to workplace plans, and the amount will be indexed for inflation. The current catch-up cap is $7,500 for anyone 50 or older, so the new provision allows people in a certain age bracket to save a greater amount.

Individuals who make $145,000 or more in the previous calendar year and are age 50 or older must make catch-up contributions with after-tax dollars to a Roth account.

Roth Matches

Another change is that employers will be able to give employees the option of getting vested matching contributions to Roth accounts, which would be an after-tax basis so that future gains would be tax-free.

Automatic Enrollment

The law now requires employers who are starting new 401(k) and 403(b) plans to automatically enroll eligible employees with a beginning contribution rate of at least 3%, which is another way the law is trying to encourage Americans to save for retirement. 

Plan Portability

It also lets retirement plan service providers offer automatic portability services to plan sponsors so they can transfer an employee’s low balance retirement accounts when they change jobs in an effort to make it easier for people to continue saving in another retirement plan rather than cashing out low balances when they leave jobs.  We hope that this will prevent an accumulation of old IRAs, which are often hard to track in estate planning. 

Student Loan Debt Matches

Many younger workers don’t start saving for retirement early in their careers because they’re paying back student loans and can’t afford to also make contributions to retirement accounts. Beginning in 2024, employers can make a “match” on the student loan payments employees make by contributing a payment to a retirement account, which gives employees extra incentive to save for retirement while they’re still paying off college and other educational loans.

529 College Savings Plans

Sometimes beneficiaries don’t end up using all of the funds in a 529 college savings plan, so starting in 2024 the new law allows up to $35,000 over a lifetime to be rolled over directly to a Roth IRA after 15 years. The rollovers can’t exceed the aggregate before the 5-year period that ends on the date of distribution, and the rollover amount counts toward the annual Roth IRA contribution limit. 

Roth-Eligible Emergency Savings 

Many Americans don’t have enough emergency savings to cover unexpected expenses for things like a major car repair, home maintenance necessity, or medical costs. Starting in 2024, the SECURE Act 2.0 lets people contribute up to $2,500 per year to an emergency savings account that is a designated Roth account that can accept participant contributions for employees. Employees can then make up to four withdrawals in a year without tax implications or penalties. Some plan rules might allow employer matches.

Qualified Charitable Deductions

One final change we want to highlight is that people who are 70½ or older can make a qualified charitable deduction (QCD) one-time gift of up to $50,000 starting in 2023 to a charitable remainder unitrust (CRUT), a charitable remainder annuity trust (CRAT), or a charitable gift annuity (CGA). This change expands the types of charities that receive a QCD (but doesn’t apply to all charities), and the gifts must come from your IRA by the end of the calendar year.

To recap, while the SECURE Act 2.0 doesn’t have massive changes like the first iteration of the law did, there are some important nuances that can influence your approach to estate and retirement planning. 

Disclaimer: This content is for informational purposes only, and does not constitute legal advice nor create an attorney-client relationship with Bequest Law.

How to Create an Estate Inventory

One of the earliest and most important jobs for an executor or administrator of an estate is to create an inventory of all the major assets of the estate, and assign a value to those assets.

If it is required by the probate court, the estate inventory must be filed with the court within six months of the appointment of the executor or administrator, and it must also be served on heirs or beneficiaries of the estate.

Things can get complicated and overwhelming quickly — especially for large estates that may include multiple homes, vehicles, art work, jewelry, investment accounts and other assets.

It’s important to get organized, develop sound methods for documenting your work, and create good processes and systems for tracking expenses and keeping copies of receipts and other documentation. 

Start by creating a spreadsheet of the assets, with additional columns so you can track the change in value of certain assets — such as bank accounts, or the value of a house — over time. 

An estate inventory typically includes:

• House(s)

• Cars

• Boats, motorcycles, recreational vehicles, etc.

• Life insurance policies

• Bank accounts

• Investment accounts, stocks, bonds, CDs, etc.

• Art work

• Jewelry

Some assets, like a car, are pretty easy to value by using a service such as Kelly Blue Book or Carfax to determine the market value of what you could expect to get for selling that item.

Other assets such as a house may be harder to value. At a minimum you should determine the value assigned by the tax assessor. It may be necessary to obtain an appraisal or a report of comparable sales in the area to determine the value of a home or other real property.

Certain assets such as jewelry and art work may be harder to value, and could require the engagement of professionals in the industry. 

There may be a requirement to have a bond for the estimated value of  the assets of the estate. Bonds and inventories can be waived in certain instances by agreement of heirs or by provision in a Will. Waiver of inventory and bond can save the executor or administrator time and hassle.

Keep in mind that the executor or administrator is also responsible for taking care of and maintaining the assets of the estate. That may include keeping the electricity and gas on at the house, and hiring a landscaping service or pest control company regularly. For automobiles, that may include getting the car serviced or driving it occasionally to keep the battery running.

If it is required, you may also file annual returns with the probate court to account for any changes in the value of the assets, such as a decline in the estate checking account as you paid for services related to running the business of the estate.

Some courts are more particular than others about the exact format of estate inventory reports, and they may reject filings that don’t meet their requirements. Be prepared to work with an experienced estate attorney who can help you navigate the process of re-preparing and re-filing with the court.

Here are a few tips and pitfalls to avoid when creating and maintaining an estate inventory:

• Keep scrupulous records to document what you did

• Save copies of receipts and related documents

• Create digital versions of all spreadsheets, receipts and records so it’s easier to share them with an attorney, an accountant or the courts 

• Be mindful of the dates when you’re expected to file reports to the court (pro tip: it’s based on when an executor or administrator is appointed; not by calendar year)

Once a good baseline estate inventory is established, it will be relatively easy to update it as assets are sold or transferred to heirs and beneficiaries. Keep all records as a digital archive of the work you performed in case you or others need to refer back to those documents in the future. 

​​Disclaimer: This content is for informational purposes only, and does not constitute legal advice nor create an attorney-client relationship with Bequest Law.

Why Your Estate Plan Should Include Digital Assets

Losing a loved one is an emotional and overwhelming time for most people, and there’s an often-overlooked aspect of handling an estate that can make things more difficult: digital assets.

Spouses, siblings, family members and others who are appointed executor or administrator of a loved one’s estate are often surprised to discover that they can’t easily access bank accounts, documents, photos, social media accounts and even the phone or computer of the deceased.

Large tech companies that control these accounts are getting better at offering practical guidance and options to allow people to designate a beneficiary for their digital assets, but policies vary widely from company to company and state to state.

Attempting to log into the accounts of the deceased without proper beneficiary ownership or legal status could violate company policies and privacy and fraud laws. On a more practical level, you also risk getting you locked out of those accounts — which can make handling the estate significantly harder.

We sat down to talk with Rachel Donnelly, the Founder of Black Dress Consultants, a boutique company based in Atlanta that helps people navigate life’s transitions and handle the estates of loved ones who die. 

Q: What do people misunderstand about what happens to your digital assets after you die?

A: Back before the digital revolution, the executor or administrator of the estate would just sit by the mailbox or open the safe deposit box and get the paperwork for the handful of accounts the deceased had. Nowadays, the average American has something like 200 online accounts — everything from your bank and retirement account to your doctor and dentist, social media like Instagram or Facebook, your online retail accounts like Amazon — and that’s a lot for your loved ones to keep track of.

The challenge is that a lot of people don’t think about it until after the fact. Your email and mobile number aren’t listed on your death certificate, so how can you even prove who those accounts belong to and who has the right to access them and take them over when you die? What often happens is that someone means well, and maybe the son or daughter or spouse of the deceased tries to log into their email account, and now you’ve just circumvented the process and impersonated a dead person.

If you can’t document and prove that you are legally entitled to do that, you may have just inadvertently violated privacy laws, health care privacy laws, fraud laws and the terms of service agreement or  policies of the company that owns that account.

Q: How should people prepare so their digital assets are secure and easy to access when they die?

A: Make your digital assets part of your estate plan. Have a list of your most important accounts — and the logins and passwords (or how to access a password encryption or management service) — and specify which executors or family members you want to access which accounts after you die. You can write this into your will and make it part of your estate plan.

Be sure to tell your loved ones, and have it specified in your estate plan, what you want to have happen with things like your social media accounts. Some people might want their Facebook account memorialized, for example, but other people might want it deleted and shut down.

For spouses and domestic partners, avoid sharing logins on jointly owned accounts. Each person should have their own independent way to access the account. If you have a joint checking account, make sure you have joint tenants of ownership.

Most states, including Georgia, have adopted a version of the Revised Uniform Fiduciary Access to Digital Assets (RUFADA) act, which gives executors a pathway to access your digital assets after you die. Some companies also have policies in place or forms you can submit to formally identify a “transfer on death” beneficiary or delegate, but many companies don’t do that yet. 

Q: Which digital assets should be included in an estate plan?

A: Literally any account you have a login and password for, such as:

• Phone, computers and tablet — including Apple iCloud or other digital services

• The mobile phone or WiFi company like Verizon or AT&T

• Bank, retirement, cryptocurrency, Venmo and Paypal, and other financial accounts

• Health records and doctor and dentist patient portals

• Cloud storage accounts like Google Drive, Microsoft Sharepoint, etc.

• Social media accounts

• Entertainment accounts such as Netflix and Hulu

• Digital assets such as photos, videos and voice memos

• Online retail accounts such as Amazon, Walmart and Target

• Travel accounts such as airlines, hotels and rental car companies

• Rewards accounts such as Ace and Kroger

• Food accounts such as Uber Eats, Chick-fil-A and Chipotle

• Websites, blogs or other written material that you might own

Q: What if a loved one dies and they didn’t make any provisions for their digital assets? Then what happens?

A: The executor or administrator is going to have to be patient, and do some research to figure out which accounts the deceased had, and then reach out to all those companies to prove that they have the legal right to access those accounts. It can take a lot of time and frustration, especially on critical accounts such as banking or other services you need to keep the house maintained while you administer the estate.

When a person dies, the death certificate is tied to their Social Security Number, so any major financial accounts or other accounts tied to that Social Security Number will get notified that the death occurred.

That’s not usually the case with other accounts like online retailers and social media and so forth. Sometimes my clients find accounts many months or even years later that they didn’t know existed. Billions of dollars go unclaimed each year because accounts go dark when someone dies, and nobody is there to claim it or take possession. 

Q: What advice do you have for people who are thinking about creating or updating their estate plan?

People don’t realize how much this can affect their family and the grieving process. You’re going through trauma and heartbreak over the death of someone you love, and now you’re tasked with taking care of all these logistics and making decisions that you have no idea how to make, and you don’t know what the person would have wanted. 

Planning ahead, thinking these things through, making your wishes known, and having your accounts and logins and passwords in order is one of the greatest gifts you can give to your loved ones. It will make administering your estate so much easier on them, so they can focus more on their emotional needs at a difficult time. Give people more space to grieve, and not have to deal with all these other administrative things.

About Black Dress Consultants

Rachel Donnelly founded Black Dress Consultants to helps people handle the estates of loved ones who die. She is also a co-founder of Professionals of After Loss Services (PALS), which offers training and support to industry professionals that work with individuals and families after the loss of a loved one.

Disclaimer: This content is for informational purposes only, and does not constitute legal advice nor create an attorney-client relationship with Bequest Law.

Estate Executor vs. Administrator: What’s the Difference?

When someone dies, the courts will name an executor or an administrator to handle the business of running and winding down the person’s estate.

What’s the difference?

In essence, both an executor and administrator are tasked with the same core duties: obtaining an estate tax identification number, opening an estate bank account, creating an inventory of the estate, filing reports with the court, filing tax returns for the deceased, etc.

However, there are a few distinct differences that everyone should be aware of.

If the decedent had a will, the person in charge of their estate will be named executor. They will take an oath to administer the estate according to the wishes of the deceased.

If there was no will, the person in charge of the estate will be named administrator. They will make a promise to the court that they will administer the estate as dictated by the law.

For either role, it’s important that you understand and follow the exact processes and procedures for properly executing the duties as specified by law. 

An experienced estate attorney or probate attorney can help guide you through this process, and help you avoid common mistakes that can cause family drama, arguments, or even litigation over how an estate is being handled.

Who Gets What?

For example, a grandmother may have intended to leave money for a neighbor friend who helped care for her and bring her groceries in the last years of her life. But if there isn’t a will specifying that wish, the neighbor won’t be recognized as an heir under the law, and the administrator cannot give money to the neighbor.

Likewise, if a grandmother had a will and specified that she wanted all of her assets to go to one single person in the family, the other members of the family aren’t entitled to any portion of the estate. Should other people in the family choose to challenge the validity of the will or question whether it was made under duress or not of sound mind, there is a legal process for doing so.

If an ex-husband was still named as the beneficiary of a life insurance policy, the executor or administrator cannot veto or ignore that — there is a legal process for challenging and resolving such issues. Many people also misunderstand that life insurance is handled outside of the estate.

If the decedent designated a minor child as the beneficiary of their 401(k) retirement account or other financial accounts, the executor or administrator will probably need to get a conservator appointed to manage the assets for the child until they reach age 18.

Who’s an Heir?

Executors and administrators must avoid any temptation to make verbal commitments or promises to potential beneficiaries or heirs.

If there wasn’t a will specifying who gets what, there are specific methods to determine a decedent’s legal heirs.

When there is a spouse and a biological child or a legally adopted child, in the state of Georgia an estate would typically be split 50/50 between them. If there is a spouse and two biological or legally adopted children, the estate would likely be split into thirds. Stepchildren can also be considered heirs if they have been legally adopted.

Grandchildren, great-grandchildren, siblings, nieces and nephews, and other relatives may also be considered heirs.

The probate courts oversee the process of determining heirs, and the administrator cannot make decisions that deviate from that legal process. Working closely with an estate or probate attorney who specializes in this work can make the process more smooth and less contentious among family members who may misunderstand how the law works.

Whether you serve as an executor or administrator, it is important to be patient and organized as you handle the business of winding down the estate and reach the final goal: closing the estate file through a Petition of Discharge, which marks the completion of your duties.

​​Disclaimer: This content is for informational purposes only, and does not constitute legal advice nor create an attorney-client relationship with Bequest Law.

Death & Taxes: What You Need to Know About Filing Taxes for the Decedent

Nothing is certain except for death and taxes.

Benjamin Franklin wrote those famous words to a French politician friend in 1789 shortly after the U.S. Constitution was signed, but the sentiment had been around for many years prior.

Most people don’t realize that you may still have to file taxes after you die — a task that falls on the executor or administrator of your estate, or the trustee of your trust.

Because federal and state tax laws are constantly changing and can be complex, it’s essential to work with an experienced estate planning attorney and CPA to ensure that you file the correct forms and properly prepare the filings.

Errors in estate and trust tax filings can be costly, and can reduce the amount of money that your heirs and loved ones receive.

If you are serving as the executor or administrator of an estate, you will probably need to obtain an estate tax identification number, called an Employer Identification Number or EIN,  for the estate. You may also need to open an estate bank account. 

If there was income of more than $600 after the death — from a final paycheck, or interest earned on investment accounts — you will also need to file an income tax return for the estate. 

You may also need to make sure that the decedent’s final tax return is filed. 

If the decedent made large gifts before their death, you may need to file a gift tax return or other related filings.

If the decedent owned a business or held stock in a business, you may need to file additional tax returns for those business holdings.

There may be outstanding tax matters from previous years that you will need to clear up, such as back taxes owed or penalty payments, and a CPA and attorney can help you navigate and resolve those issues.

Often, there are other tax matters such as sales tax on the disposition or liquidation of assets such as a car or boat, capital gains taxes, and other tax implications related to the administration of the estate that a CPA and attorney can help you address.

Having an estate plan in place ahead of time is vital. An attorney who specializes in estate planning can help you determine the most tax advantageous ways to preserve your wealth for your heirs and loved ones. 

Disclaimer: This content is for informational purposes only, and does not constitute legal advice nor create an attorney-client relationship with Bequest Law.

Administering an Estate: Which Expenses are Covered, and Which Aren’t?

When you accept the duty of serving as executor or administrator of an estate, you must also understand which expenses can be reimbursed from the estate.

Often, family members or heirs have to pay out-of-pocket for expenses that would otherwise be the responsibility of the decedent, such as:

• Funeral expenses

• Burial or cremation

• Legal fees and CPA fees

• Court filing fees

• Mortgage payments made when estate funds weren’t available

• Maintenance or repairs to assets, such as replacement of a broken air conditioning unit

All of these costs can typically be reimbursed by the estate.

It’s important to keep receipts and careful records of expenses, so that you can show them to the court or to heirs.

Other items can’t be reimbursed from the estate, such as costs for a vacation or leisure activities during a trip that was primarily made to administer the estate.

The administrator or executor is also entitled to compensation for their time and work in fulfilling those duties, and those payments are made from the estate.

Sometimes the decedent specifies a payment amount or hourly rate in their will. 

If no rate is specified in a will, Georgia estate law allows for a certain commission based on the amount of money brought into the estate and the money paid or distributed out of the estate. An executor or administrator may need to get court approval before paying him/herself.

Often, the executor or administrator is also a beneficiary of the estate, and it’s important to keep those two roles separate.

Understanding which expenses are reimbursable helps minimize confusion and disputes. An attorney who specializes in estate planning and probate law can help you and other beneficiaries handle the paperwork for proper expense reimbursements. 

Disclaimer: This content is for informational purposes only, and does not constitute legal advice nor create an attorney-client relationship with Bequest Law.