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When setting up an estate plan, it is often beneficial to set up a trust. But do you know which trust—living or testamentary—to execute? The two main types of trusts are living trusts and testamentary trusts. A living trust is in effect during the testator’s life, but a testamentary trust only goes into effect after…
Congratulations on becoming a new parent! You’ve gone through your new parent checklist and crossed off all the to-dos. Have a wonderful baby name? Check. Baby-proofed the house? Check. Got cradle and diapers? Check. Got an estate plan in place? Estate planning is not just for the rich and famous. Rather, it is something that…
Your estate plan should address all of your personal and business needs. There are many assets to consider when creating a secure financial future for you and your family. If you want to transfer your retirement accounts to loved ones, then you’ll need to know the ways that you can accomplish this and other estate…
It’s the beginning of the New Year and, if you’re like most other people, you’ve probably made some resolutions. Eat healthier, exercise more, quit smoking, save money, or maybe even finally get around to planning your estate. Great! Making a resolution to get your estate planning affairs in order is a big first step. But…
Creating an estate plan protects you and your family’s financial future. Using living trusts lets business owners transfer ownership of the business easily and without disruptions to your business. An estate planning attorney can help you transfer your business or its value to your loved ones. You reduce your tax burden and maximize the total…
The New Year is just around the corner and we can hear it already: this is the year I’m going to get my financial life in order. But, like similar resolutions promising healthier diets and more consistent workout schedules, the resolution to get finally organized is oftentimes forgotten before we even make it to Martin…
Estate planning helps you maximize the value of your estate so that you can pass it on to your loved ones. It’s also the best way to reduce any expenses related to tax obligations and other financial risks. Estate planning helps you minimize your estate taxes so that there’s more left over to distribute to…
If you haven’t heard of Medicaid Planning, let us give you a brief introduction. Medicaid Planning is an elder law practice area that helps prepare individuals to meet Medicaid qualifications in the future, so that the cost of long-term nursing care doesn’t drain everything they’ve worked so hard to save over the course of their…
Your home is an asset that supports your future financial security and can be passed along to loved ones after you’re gone. There are some estate planning rules that homeowners need to consider in order to get the most out of their investment. More importantly, the right estate plan ensures that family members receive assets…
A comprehensive estate plan provides a wide range of benefits to you and your loved ones. Keeping your assets in your own name ensures that they’re fully protected during and after your lifetime. Working with an estate planning attorney helps you choose the right estate plan for your needs and establish long-term goals that support…
Financial privacy has become a priority in estate planning and other industries. Data breaches and security threats highlight the importance of keeping personal records protected from a wide range of threats. But many people don’t consider financial privacy when setting up an estate plan. They only focus on outlining how they want their assets managed…
Most people think of estate planning as a way to make decisions that will be carried out after their death. This includes the protection, management, and distribution of personal and business assets. But incapacitation is a risk that must be considered when planning for the future. Incapacitation resulting from cognitive decline, disease, or injury prevents…
Most people think of estate planning as a way to protect financial assets. But the right estate plan can also protect your health and wellbeing in your later years. Individuals can become incapacitated due to an illness or severe injury. This makes it difficult for them to make important decisions related to short- and long-term…
When it comes to protecting your personal and business assets for the benefit of loved ones after you’re gone, it’s never too soon to start. Estate planning can be a complex process for individuals who don’t have the resources they need to make the best decisions. Working with a skilled estate planning attorney is the…
Estate planning lets you plan for the future of you and your family. But many disputes can arise after the time of death when family members are left to process an estate. Leaving assets to loved ones can lead to conflicts over real estate property, businesses, and other assets. This is made worse when individuals…
Divorces and remarriages have led to a significant shift in the makeup of today’s families. Ex-spouses, step-children, and other relationships require you to consider new ways to provide for your loved ones when you’re no longer around. Estate planning for these “blended” families is an essential step in passing along your assets and ensuring that…
Protecting estate assets for the future benefit of loved ones is the primary goal of estate planning. Parents can determine how their property will be divided and distributed among family members and others. But you may need to consider estate planning strategies when providing for minor children. Knowing how to create a sound estate plan…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning** on Thursday, April 24, 2018. Georgia residents could find themselves incapacitated at any time. This could happen because of a car accident or because old age has lowered a person’s mental abilities. Whether an individual is temporarily or permanently…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning** on Monday, April 16, 2018. People who have an estate plan still need to review that plan regularly to make sure it remains up to date. For example, if the estate plan was created in another state, it might…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning** on Monday, April 9, 2018. Some people in Georgia might be among the roughly two-thirds of adult Americans who do not have a will. People often postpone creating an estate plan because it forces them to consider their own…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning** on Thursday, April 5, 2018. Georgia residents who need to make changes to a trust must do so in a proper manner. First, it is important to determine that the trust can be amended. If the estate holder does…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning** on Thursday, March 29, 2018. Many people in Georgia work hard to plan their estates in order to maximize the benefits of their assets for their heirs and beneficiaries. One mechanism that many individuals can use to improve their…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning** on Wednesday, March 21, 2018. With the passage of the Tax Cuts and Jobs Act, a number of Georgia residents will find that they no longer have to worry about estate taxes. However, there are multiple estate plan aspects…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in blog on Wednesday, March 14, 2018. Many parents strive to take care of their children and loved ones in any way they can. A proper estate plan allows them to do so even after they pass away. There are many ways wealth can be transferred in an…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning** on Monday, March 12, 2018. People in Georgia who want to bequeath money or other assets to their children need to consider their recipients’ ability to handle money and other financial needs. Bequeathing money outright, even to an adult…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning** on Tuesday, March 6, 2018. When people in Georgia create an estate plan, they should make sure that their beneficiaries do not have debts that could cause them to lose an inheritance. Before distributing an inheritance, an executor is…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning** on Tuesday, February 27, 2018. Georgia residents can implement certain estate planning strategies to take advantage of the 2017 Tax Cuts and Jobs Act. The legislation allows taxpayers to transfer an extraordinary sum of money without being assessed federal…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in elder law on Friday, February 23, 2018. Many Georgia residents have spent a lot of time planning and saving for retirement. However, they may not necessarily think about how health care costs could impact their ability to live comfortably after they leave the workforce. The…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning** on Monday, February 12, 2018. Georgia residents and others may be impacted by the passage of the Tax Cuts and Jobs Act. In addition to making changes to the personal and business tax code, it also affected estate tax…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning** on Monday, February 5, 2018. Estate planning is important for any Georgia resident who has assets. An estate is anything that a person owned at the time of his or her death. If a person had debts or other…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in blog on Wednesday, January 31, 2018. If you are a Johns Creek area business owner or anticipate becoming one, one of the most important things you could ever do to protect your investment involves estate planning. Though your company might be…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning** on Tuesday, January 30, 2018. Many people living in Georgia have already completed their estate plans, which could include wills and advance directives. What they may not have done, however, is actually explained to their adult children what these…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, January 23, 2018. With the rise in popularity and value of bitcoins and other cryptocurrencies, new questions have arisen for Georgia residents who want to get involved with these forms of digital investments. Backed up by blockchain…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, January 16, 2018. More so than perhaps any other kind of collection, an art collection is a reflection of its curator. His or her tastes, quirks, and, perhaps above all else, level of wealth are on display…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, January 15, 2018. Ideally, Georgia residents will maintain their estate plans much like they would maintain their homes and cars. This means regularly reviewing them to ensure that it still meets their needs. Reviews should be done…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, January 2, 2018. There are a number of common errors a person in Georgia might make in estate planning that could lead to problems in carrying out his or her wishes. One of the main errors is…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in blog on Thursday, December 28, 2017. When you become a first-time parent, you may find yourself consumed with feedings, naps and learning the ropes of caring for a newborn on your own. With everything you have going on, it becomes all…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in medicaid qualification** on Tuesday, December 26, 2017. Married senior couples in Georgia who receive Medicaid benefits sometimes have concerns about how assets will affect them, especially if moving to a nursing home is necessary for one spouse. Since long-term care in…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in elder law** on Wednesday, December 20, 2017. Georgia residents may benefit from thinking about long-term care planning years before they need it. This may make it possible to limit the impact of rising health care costs that could prevent an individual…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in va aid & attendance on Tuesday, December 12, 2017. Veterans in Georgia who have a service-related disability have some familiarity with the VA rating system for disabilities. The rating has a direct effect on the vet’s disability pension. The higher the disability rating, the higher…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, December 11, 2017. People in Georgia who are creating estate plans might want to consider the benefits of a charitable trust. This estate planning tool differs from other types of trusts in a few ways. For regular trusts, there needs to…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in blog on Wednesday, December 6, 2017. As a small business owner in Johns Creek, you have managed to build up a lucrative business from the ground up. The one thing you may have overlooked along the way is making your estate plans. Without them, all…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in va aid & attendance on Monday, December 4, 2017. Veterans in Johns Creek, Georgia, and elsewhere around the Peach State should be aware of a relatively unknown veteran benefit. It is called the Veterans Aid & Attendance pension benefit and applies to a pension-eligible veteran,…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, November 21, 2017. Having a properly drafted will is an important part of an estate plan. However, there are other end-of-life documents Georgia residents should have on hand. A living will details what type of medical treatments individuals want and do…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, November 16, 2017. Some people who are creating an estate plan in Georgia might wonder whether they can pass assets down to their heirs while avoiding the delays of probate. This can be done with either a joint tenancy or a…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, November 10, 2017. In the past, Georgia grantors had little recourse if they wanted to change or put an end to an irrevocable trust. To do so, it generally cost a lot of money plus the consent of every beneficiary. However,…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, November 7, 2017. Estate plans are useful in protecting assets for intended beneficiaries. Not having a well-planned estate plan in place when one gets a divorce can result in unfortunate consequences for Georgia residents who have specific ideas about what should…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, November 6, 2017. Georgia couples who do not have children might think they do not need an estate plan. However, an estate plan is just as important for them. While preserving wealth for their descendants might not be a concern, they…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in blog on Monday, November 6, 2017. As you prepare your estate plan, it is important that you select the proper person or people to handle your affairs. Such individuals hold a great amount of power in your place, so it is important to select trustworthy, capable trustees.…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in blog on Friday, October 20, 2017. The technicalities of making a will can seem fairly simple, yet many people slip up on them, often because they underestimate the importance of getting every detail right. When you put thought and care into the disposition of your…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, October 19, 2017. Many successful entrepreneurs in Georgia have allowed their estate plans to lapse. This means that if the unexpected occurs, their loved ones may not be properly provided for. People who want to limit taxes and ensure that their…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, October 13, 2017. When individuals Georgia begin to work on an estate plan, they may decide to provide financial power of attorney to one of their children, another relative or a family friend. The person who has power of attorney can…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, October 4, 2017. People in Georgia who are creating an estate plan may not think they need anything more than a will. However, there are several types of assets that are passed down using a beneficiary designation and not a will.…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, September 26, 2017. Georgia residents who are planning on making a gift after they die may benefit as much or more by doing it while still alive. One reason to consider giving a planned gift prior to death is to witness…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, September 20, 2017. Many people in Georgia see estate planning as arranging for the transfer of physical assets and financial accounts. To a large extent, that vision is correct. Planning for post-death transfers of property is the main reason for creating…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, September 13, 2017. Estate holders in Georgia should think about taxes and income when planning for the future of their assets. The goal is for one to be able to have control over their assets after passing away. In conjunction with…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in blog on Wednesday, September 13, 2017. An important part of careful estate planning is appointing an executor whom you can rely on to ensure the carrying out of your wishes when the time comes. Understanding what the executor will have to do can help you…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, September 5, 2017. Women living in Georgia may have unique estate planning needs. The reasons for this include that women often live longer than men, may earn less over their lifetimes and might not be as familiar as their husbands with…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, August 29, 2017. Georgia residents may benefit from adding a durable power of attorney to their estate plan. A power of attorney allows an individual to name an agent to act on his or her behalf. By making that power durable,…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, August 21, 2017. Some Georgia residents may not want to pay for an attorney to help them create an estate plan. However, there may be downsides to using a will template or other templates that can be downloaded from the internet.…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, August 15, 2017. When Georgia residents begin the estate planning process, they are often concerned about issues such as asset distribution, establishing trusts, and end-of-life decision-making. Sometimes, however, estate planning neglects the issue of final arrangements. Unfortunately, it is not unusual…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, August 9, 2017. With a qualified personal residence trust, a Georgia resident can transfer their home to a trust and reserve the right to live on the property for a certain number of years. Conducting a home transfer with this type…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, August 7, 2017. How many people today lack a will? A report from the American Association of Retired Persons showed that only about four out of every 10 American adults have crafted a will. It is vital to get this document out of…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in medicaid qualification on Monday, July 31, 2017. Individuals who live in Georgia might know about a federal law that was passed earlier this year called the 21st Century Cures Act. The act was signed into law by President Obama toward the end of 2016. The…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, July 28, 2017. Many Georgia business owners require steady cash flow to support their other investments and family. Much effort is put into establishing a solid business and growing the many relationships it relies upon, yet many Johns Creek owners fail…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, July 17, 2017. When Georgia residents are planning their estates, there are many ways for them to ensure that their loved ones will be provided for. However, there are situations where they may want to keep control over their assets. Irrevocable…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, July 10, 2017. Many Georgia residents draft their own wills. However, they should be aware of which mistakes to avoid so that their preferences are honored after they die. One is failing to name all immediate relatives or those who would…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in blog on Thursday, July 6, 2017. You may not look forward to discussing your estate plans and instructions for your end-of-life care with your family in Georgia, but it is one of the most important conversations you can have with them. Talking to them now…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, July 3, 2017. Georgia residents who wish to leave a portion of their estate to a charity might want to use a charitable split-interest trust. This type of trust provides an income for the beneficiary as well as supporting a charity.…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, June 26, 2017. When Georgia residents have worked all their lives to build up a sizable estate, they may worry their heirs may not be good money managers or will fritter away their inheritances in a short while. There are, however,…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, June 22, 2017. Georgia residents who have prepared medical or financial powers of attorney might want to review them with an attorney to make sure they are still current. Starting in 1993 with the Uniform Health Care Decisions Act, there have…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, June 20, 2017. An estate plan may provide several benefits to Georgia adults. For instance, it may help them limit the burden of estate taxes or provide greater control over where assets go after death. It may also make the process…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, June 9, 2017. Remarriages and blended families are common in Georgia, but many of those involved are unaware of how to deal with pitfalls in finances and the law. The management of an estate and and naming of beneficiaries, as well…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in blog on Wednesday, June 7, 2017. If you wish to apportion your estate through a will in Georgia, you can reduce the risk of potential challenges by making sure to comply with technical requirements. Georgia law sets out four main requirements for a valid will.…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, June 2, 2017. People in Georgia who are creating estate plans may wonder whether they should use trusts instead. A trust may offer a number of advantages over a will, one of which is avoiding the potentially costly and lengthy probate…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, May 22, 2017. While attorneys may draft wills, powers of attorney and trusts, Georgia estate holders must write their own letters of final wishes. A letter of final wishes gives a testator’s family members, close friends and trusted colleagues information that…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, May 17, 2017. Georgia residents who have created an estate plan with a strategy that aims to minimize federal estate tax might want to review that plan in case the estate tax is repealed. While its future is uncertain, thinking about…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in va aid & attendance on Monday, May 8, 2017. Georgia residents who suffer from preexisting medical conditions, have limited incomes or are former members of the U.S. armed forces were likely paying close attention on May 4 when the House of Representatives voted on the…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in blog on Monday, May 8, 2017. You need more than a last will and testament to protect your estate in Georgia and ensure that your beneficiaries receive their inheritance. If you die with debt, your creditors can sue your estate to receive what is owed…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in elder law on Monday, May 1, 2017. Many Georgia residents will need to pay for some form of long-term care when they are elderly. According to the U.S. Department of Health and Human Services, about 70 percent of people will eventually need to enter a…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in probate and estate administration on Thursday, April 27, 2017. People of all ages in Georgia and many other places now use social media sites like Facebook and Twitter to communicate and stay on top of the news. When someone passes away, unless there is a…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, April 17, 2017. When creating an estate plan, many Georgia residents focus on their will and how they want their property distributed when they die. While these are important topics, people should also think about other things. Some potential areas of…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, April 13, 2017. Estate planning consists of several tools that are important for Georgia parents who are looking to protect the well-being of their children. Parents can provide protection from the possibility of incapacity or death by ensuring assets are used…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in blog on Monday, April 10, 2017. If you have minor children, appointing a guardian ranks among the most important parts of your estate plan. There are many legal and personal issues to consider while making your decision. A knowledgeable estate attorney can help you come…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, April 7, 2017. Gibbs Financial Group is sponsoring a free “Estate Planning Essentials” Workshop at the Atlanta Athletic Club, 1930 Bobby jones Dr., Johns Creek, on APRIL 13 at 10:00 AM – 12:00 PM. To sign up contact Gibbs Financial Group 770-753-6359. Attorney James Miskell…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, April 6, 2017. One difficult aspect of estate planning for some Georgia residents may be choosing who should fulfill various roles. Positions such as executor, trustee and guardian all require different skill sets, and in some cases, a person might have…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, March 28, 2017. Georgia residents may have heard about Donald Trump’s plan to repeal the federal estate tax, or, as he calls it, the “death tax.” However, individuals with estates valued at $5.49 million or less in 2017 won’t have to…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in elder law on Monday, March 20, 2017. Georgia residents are likely aware of the benefits of saving for retirement. However, it is also important that they take steps to protect the money that they have accrued. Roughly 20 percent of older adults will be the…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, March 16, 2017. Whether you are 25 or 75, the reality is that no one likes to face the end of their mortal lives or think about it on a day-to-day basis. The harsh truth is that it is necessary to…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, March 13, 2017. Georgia residents may wonder whether they should delay creating an estate plan since tax laws may be changing under the Trump administration. However, there are many benefits to certain estate planning tools, such as irrevocable trusts, that do…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, March 6, 2017. Estate planning may be uncomfortable for Georgia residents of any age. However, there are basic steps that should be taken to ensure that an estate doesn’t get bogged down in legal challenges for months or years. First, it…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in va aid & attendance on Friday, March 3, 2017. The pension benefit is a special benefit for veterans in Georgia and around the country who served during periods of war. This is a separate benefit from the 20-year retirement plan many service members qualify for.…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in probate and estate administration on Wednesday, February 22, 2017. In certain situations, Georgia residents may inherit a deceased friend or relative’s credit card debt. This may be true if an individual was named as a cardholder along with the deceased individual. It may also be…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in medicaid qualification on Monday, February 20, 2017. Georgia residents may have heard that on Feb. 7, members of the House Energy and Commerce health subcommittee voted 19 to 13 in endorsing H.R. 181 after a detailed review session. If passed, the bill would change the…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in probate and estate administration on Thursday, February 9, 2017. Georgia residents who are fans of the late singer Bobby Vee may be interested to learn that his children have been arguing over his estate. Robert Velline, known publicly by the stage name Bobby Vee, died…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, February 8, 2017. You tried your best as a parent and did all you could to give your children the best in life, but it turns out you really have no control over their decisions when they get older. It can…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in elder law on Friday, February 3, 2017. Georgia residents who have elderly parents should discuss their parents’ wishes with them regarding how they want to live and the critical care options they want to be carried out should they no longer be able to make…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, January 24, 2017. Georgia residents might want to include clauses in their estate plan that address the possibility that a beneficiary may die at the same time or shortly after they do. People whose assets are commingled might want to consider…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in probate and estate administration on Wednesday, January 11, 2017. No one likes to face their own mortality, but it’s important that you are prepared for anything that can happen when it comes to your assets and your financial future. Protecting your assets and your family…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, January 10, 2017. Georgia residents may know that a will has to be signed to be considered valid. In most cases, it must have the signatures of two witnesses as well as the person who created it. It is often a…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, January 5, 2017. While Georgia residents are not likely to be directly affected by a repeal of the federal estate tax, such a repeal could affect the capital gains tax associated with estates, and this might affect a larger number of…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, December 28, 2016. Georgia couples might reach an impasse when one spouse wants to undertake estate planning and the other does not. In the absence of that spouse’s cooperation, a person can still take steps to inventory assets that are held…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, December 27, 2016. Regardless of the amount of wealth and assets Georgia residents have, a well-documented estate plan allows them to declare their personal wishes at the end of life or in the event of mental and physical incapacity. Financial advisers…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, December 15, 2016. People in Georgia who do not have an estate plan might have property that will pass to their beneficiaries after their death. However, problems may arise if beneficiaries have a tenancy in common. Each person who is involved…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in va aid & attendance on Monday, December 12, 2016. The topic of disability benefits after service can be confusing for many people, but the facts are clearer than they may seem. There are several basic things you need to know about VA aid and attendance.…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, December 9, 2016. Georgia baby boomers are aging and may want to begin thinking about estate planning and long-term care if they have not done so already. Many people do not plan for long-term care, and the danger here is that…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, December 7, 2016. Georgia residents who may be responsible for managing their parents’ assets during their later years and after their death may want to know about the different ways taxes on the assets can be minimized. There are multiple ways…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, November 28, 2016. It is true that people are living longer today, but many Georgia residents still die unexpectedly at a relatively young age. In spite of this, a poll conducted in 2011 found that 60 percent of the respondents did…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, November 15, 2016. Georgia entrepreneurs might want to consider creating an estate plan because if something unexpected happens to them, it could leave their business and colleagues in jeopardy. A will can cover both business and personal affairs and can appoint…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in probate and estate administration on Wednesday, November 9, 2016. Georgia residents will likely know that selecting a responsible and trusted executor is an important part of drafting a last will and testament, but they may not be clear about the responsibilities that this individual will…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, November 8, 2016. It’s tough for most people to face the fact that one day they will die, but it’s a reality that every individual must deal with. Because your time may come faster than you expect if tragedy strikes or…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, November 1, 2016. Georgia residents who are preparing their estate plans should keep in mind that any beneficiary designations they have made will override contrary bequests in a will. Assets from bank accounts, life insurance policy proceeds and retirement accounts may…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, October 24, 2016. In addition to all the other necessary wedding tasks, Georgia residents who are getting married should remember to update their estate plan. This is especially true if it is not their first marriage or if one person has…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, October 18, 2016. The goal of angel investors in Georgia and around the country is to achieve large returns based on the success of startup companies. In turn, the money earned is then often given to family members or charities in…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, October 18, 2016. You love your children. You probably love them each in their own way, because they are unique. Maybe you have a son who is outgoing, whose laughter is contagious. Maybe you are in awe of a daughter who…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, October 10, 2016. Georgia residents who are creating their estate plan might want to consider placing their home in a living trust. This may allow the home to be transferred more quickly to the beneficiary without having to go through probate.…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, October 5, 2016. Many people in Georgia are firmly committed to helping their children and grandchildren with their educations. Knowing that the cost of schooling has increased significantly over the past decades, these individuals often look for options that can provide…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, September 28, 2016. Georgia residents who do not have an estate plan may want to consider creating one. Estate plans are not just for wealthy people nor are they only about distributing assets to heirs. They are also about being prepared…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, September 20, 2016. Unfortunately, it’s not uncommon for loved ones in Georgia and across the U.S. to pass away unexpectedly without having a written will in place. According to a 2016 study by Harris Poll for Rocket Lawyer, 64 percent of…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, September 19, 2016. After nearly 20 years of litigation and fighting in the press, the conflict between the estates of Anna Nicole Smith and her billionaire husband J. Howard Marshall has been resolved. On Monday August 18th, a federal judge in…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, September 15, 2016. When parents in Georgia are thinking about estate planning, they might be worried about their children squandering their inheritances too soon. However, there are steps that parents can take to help prevent their children from mismanaging the inheritances…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in medicaid qualification on Tuesday, September 13, 2016. It could be anything from multiple sclerosis to a car accident–but suddenly you find yourself in need of some help. Unexpected catastrophes can and do happen. Not often, but often enough that you should be prepared for your…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in medicaid qualification on Tuesday, September 13, 2016. It could be anything from multiple sclerosis to a car accident–but suddenly you find yourself in need of some help. Unexpected catastrophes can and do happen. Not often, but often enough that you should be prepared for your…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, September 8, 2016. Some people in Georgia may delay their estate planning because the subject can be a little scary. After all, estate planning requires a person to face two unpleasant topics: death and taxes. While estate planning may not be…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, August 31, 2016. Georgia entrepreneurs often focus so hard on making their businesses succeed that they fail to plan for the succession of ownership in the future. Among business owners, 73 percent of them lack any type of formal plan for…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, August 24, 2016. Georgia residents who are beneficiaries of trusts may sometimes experience a breakdown in communications with the trustee. This is not an uncommon situation when a trustee is trying to follow the wishes of the settlor while the beneficiaries…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, August 17, 2016. On this blog, we often discuss some of the complex challenges and questions people have when they are drafting, enforcing or disputing various parts of an estate plan. While there are countless issues that can come up, we…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, August 16, 2016. Regardless, this tale serves as a good reminder to the rest of us: When you inherit a property-especially in an improving real-estate market-don’t underestimate its worth. Inheriting a property can be an immense gift and boon to your…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, August 10, 2016. Adding to your family through marriage can be a joyful, exciting time. It can also be a stressful time, however, because there is a lot you need to think about and adjust to in order to make as…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, August 3, 2016. Estate planning is very important in order to make sure a person’s wishes are carried out when they pass away. While it may seem uncomfortable, talking to your aging parents about their estate planning is also very important. There are…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, August 2, 2016. It has been said no parent should outlive his or her children. Sadly, however, there are many who do when their children pass away. While this can be devastating no matter how old a child is, it can…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, July 26, 2016. Information is literally at our fingertips these days. If we don’t know who won the World Series in 1995 (hint: Atlanta Braves), how to make lasagna or what type of medical condition we might have, we just do…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, July 19, 2016. Wills and trusts are some of the most common estate planning documents. Equally critical, though sometimes less talked about, is the importance of addressing incapacity in your estate plan. If you suffer an illness, injury or disability that renders…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in medicaid qualification on Monday, July 18, 2016. Recipients of Medicaid already know how critical these benefits can be. Not only can they help a person get the medical care they may desperately need, they can also allow the recipient’s loved ones to have some peace…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, July 11, 2016. Leaving money, property and other gifts to children is something that parents all across Georgia plan to do when they pass away. Many often spend several years saving and setting aside these assets in the hopes that they…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in va aid & attendance on Tuesday, July 5, 2016. When you’re a veteran of war, you deserve to be compensated for the work you’ve done. If you’ve served the country and have been on 90 days of active duty during wartime, you’re able to apply…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in va aid & attendance on Monday, June 27, 2016. Veterans and their families are some of the hardest working, resourceful people in the country. Considering the emotional and physical challenges they overcome on a regular basis, it can feel like there’s nothing they cannot do.…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, June 22, 2016. Estate plans should be regularly updated, particularly after major life events. Some of the events that require updating your estate plan include marriage, remarriage, the birth of children and illness or disability. Marriage and remarriage Marriage is one…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, June 20, 2016. Creating a plan for the future — especially one where you won’t be able to speak for yourself — can be a daunting endeavor. However, this doesn’t mean that you should just put it off indefinitely. Unfortunately, this…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in elder law on Tuesday, June 14, 2016. As our parents get older, we can find it increasingly important to check in with them and make sure they are doing well. If there is cause for concern, like a decline in their health, children will often…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, June 6, 2016. Over the weekend, residents across Georgia were saddened by the death of legendary boxer, activist and philanthropist Muhammad Ali. His life and his passing had an impact on people all across the globe, from sports fans hailing him as…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, June 3, 2016. Estate planning might not be something you’re thinking about at the moment, particularly if you’re young. However, it’s important to focus on estate planning eventually, because it helps determine what happens to your possessions if you die. There…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in medicaid qualification on Wednesday, May 25, 2016. In a recent post, we examined a few of the factors that you will want to take into consideration when setting up a trust. Those factors include who the beneficiary is, how much control you want to have, and what…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, May 23, 2016. Many people assume that estate planning is unnecessary unless one is wealthy. Consequently, if you are a single parent, you may think that you do not need a will or trust. However, in reality, estate planning accomplishes several goals other…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in probate and estate administration on Thursday, May 19, 2016. If you have assets and property you want to protect, one way to do that is by creating a trust. A trust allows you to establish ownership of property outside of yourself as a way to…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, May 13, 2016. Too many people think that estate planning is all about money and assets. Of course these things will be a top priority when it comes to making your will or establishing a trust, but there is another critical…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, May 3, 2016. Music fans across the world were devastated by the recent news that iconic entertainer Prince unexpectedly passed away. Friends, colleagues, musicians, fans and loved ones have shared countless stories about how the superstar touched, improved and/or affected their…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, April 27, 2016. When many people think of estate planning, they assume that it is something only the very old or wealthy do. However, everyone, regardless of their health, age or wealth, can benefit from setting aside the time to draft…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in va aid & attendance on Monday, April 25, 2016. As we get older, the unfortunate fact is that our needs and capabilities in terms of caring for ourselves will change. This change might be quite gradual or sudden, but as time goes by, we can…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in medicaid qualification on Tuesday, April 19, 2016. When people think about long-term care planning, they often think of estate planning and wills. However, Medicaid can also be a crucial aspect of these plans as it is available to eligible Georgians who cannot afford the cost…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, April 12, 2016. Thinking about what you want to happen at the end of your life or after you are gone is probably something you would rather avoid. It can make you and your loved ones feel uneasy, and you might…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, February 27, 2015. Medicaid is the United States’ health care safety net. It is an insurance program for low-income and needy people that provides health-related coverage for children, many seniors, and/or people who are disabled. A widespread and dangerous misconception is…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, February 26, 2015. Two recent studies on elder financial abuse were recently published- one suggesting the problem is far bigger than we think and the other suggesting it’s much smaller. In addition, there are a few government and private initiatives starting…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, February 25, 2015. No matter how old you are, you’re still your parents’ child. Someday, however, they may need to rely on you for help when it comes to their finances. With an aging population, loved ones must grapple with how…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, February 24, 2015. Gaining control over our finances is usually at or near the top of all New Year’s resolutions. What many people don’t realize, though, is that good legal planning is an essential component of our financial health. Effective legal…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, February 23, 2015. The comedian Robin Williams hadn’t been deceased for long when a fight erupted over some of his belongings. Williams’ third wife and his three children from a previous marriage landed in court with a dispute over personal items,…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, February 20, 2015. Leslie Sieleni found out her son had Down syndrome when he was 5 days old. Now 14, Sean Sieleni talks about driving a car, going to college, living on his own and getting a job. His mom supports…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, February 19, 2015. An important issue in dealing with wealth transfer for blended families is how the assets flow to the surviving spouse and family members or after the death of the surviving spouse. Ensuring the surviving spouse and his/her children…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, February 18, 2015. Massachusetts regulators appear to be falling short in ensuring that nursing homes follow rules designed to improve care for some of their most vulnerable patients, those with dementia, a Globe review shows. Nursing homes have been notably slow…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, February 17, 2015. There doesn’t appear to be much doubt that Robin Williams conveyed his estate plans to his family in the years before his tragic suicide last summer. His full estate was left to a trust, which his three adult…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, February 16, 2015. The late, legendary DJ Casey Kasem’s daughter Kerri Kasem and family members staged a press conference at Stanley Mosk Courthouse in Los Angeles Friday to urge the Los Angeles Police Department to arrest Mr. Kasem’s widow Jean Kasem.…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, January 30, 2015. This spring, Florida lawmakers will have a chance to stem abuses in the state’s little-understood adult guardianship system by taking up measures that would make it harder for guardians and attorneys to disregard the best interests of the…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, January 29, 2015. The government encourages saving for a college education by providing tax advantages through college savings plans. The world of these plans is a complicated one, with many, many alternatives available, each with slight variations and differences. To simplify,…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, January 28, 2015. Tax and economic reforms are on the President’s agenda for 2015 as he seeks to close what he terms “unfair loopholes that are only available to the wealthy and big corporations” (perhaps another inappropriate use of the term…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, January 27, 2015. What happens when a taxpayer disagrees with the Internal Revenue Service (IRS)? Some people think that the matter ends there: the IRS always wins, right? Not necessarily. There are a few ways to appeal an action with IRS.…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, January 26, 2015. Developing a financially sustainable plan for retirement can be one of life’s most stressful processes. Those considering retirement need time to look at the many factors – some of which are unknown – that affect us when we…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, January 23, 2015. Fifty-four percent of Americans planned on making a financial resolution for 2015. According to a new poll by GOBankingRates, as reported in the Las Vegas Review-Journal, saving money, paying down debt and improving spending continue to top the…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, January 22, 2015. The estate tax is one of the most complex parts of the tax laws, drawing a lot of controversy among Americans. Even as opponents label it an unfair death tax on already-taxed money, proponents believe it’s one of…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, January 21, 2015. A mother who just turned 75 wants to downsize from her four-bedroom house. Her husband passed away six years ago, and she owns her home outright. At the time of her husband’s death the value of the house…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, January 20, 2015. Adult children who become caregivers often pay a steep price. According to a 2011 MetLife study, women older than 50 who leave the workforce early to fulfill this role forfeit about $324,000 in wages, Social Security payments and…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, January 19, 2015. When the glittery ball fell in Times Square on New Year’s Eve, it brought a roar from the revelers – and more quietly, good news for asset owners and their heirs who may not be uber-rich: In 2015,…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, December 31, 2014. A recent headline in the New York Daily News, pertaining to the death of film director, Mike Nichols, highlighted the misinformation and confusion regarding how assets pass upon death. The headline said Nichols “left his estate to his…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, December 30, 2014. Retirement planning can be extremely difficult as individuals are tasked with planning for an uncertain time period. In many ways, retirement planning is like trying to shoot a moving target in the wind. Each and every year new…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, December 29, 2014. For recent retirees, adjusting to life on a fixed income can be particularly difficult at holiday time. Are you obligated to continue inviting a lot of work friends to your holiday party? Is everyone in your family expecting…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, December 19, 2014. Most people struggle to plan their financial futures beyond the next decade, while those with money and foresight are likely to think well in advance about what they want to leave their children, grandchildren and even great-grandchildren. But…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, December 18, 2014. The holidays are upon us. It’s also a good time to get started with some Old Year end and New Year beginning planning activities, especially if family members are going to be celebrating the holidays with you. Start…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, December 18, 2014. Today’s families are a lot different than Ward and June Cleaver. There are more families today with non-traditional situations than ever before. It is very common in my profession to have clients with same sex marriages, second marriages…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, December 16, 2014. When you’re over 50 and facing divorce from a long-term marriage, coming to a settlement agreement that will safeguard a comfortable financial future is complicated. “Till death do us part” isn’t the case for many Baby Boomers today.…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, December 15, 2014. During this festive time of year, dwelling on estate planning may seem like a bit of a downer. Yet the end of the year is as good as time as any to take stock of your personal finances…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, December 12, 2014. It is the giving time of year, and whether your gift is in another person’s name to a charity, or as a donation directly to a charity, there are so many worthy options, including the SPCA. Like many…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in elder law on Thursday, December 11, 2014. There are a number of reasons that conflicts occur when multiple family members are involved in caregiving. Hopefully, there is a common goal of meeting a senior’s physical, emotional and spiritual needs in a dignified manner and within…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, November 24, 2014. No one really wants to talk about death. But physical death is inevitable, for everyone. The death of a spouse, family member or close friend brings a deep sadness as the complications of grieving begin. At such a…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, November 21, 2014. People younger than 35 are not saving money, according to a study by Moody’s Analytics. In fact, their savings rate has dipped to negative 2%, meaning that they’re spending more than they have. They’re the only age group…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, November 20, 2014. As changes to the American Taxpayer Relief Act and the Affordable Care Act of 2012 become effective, business owners are facing escalating tax rates. Insightful enterprises are employing wealth management strategies to counteract the cost. Continual planning is…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, November 19, 2014. What should you and your spouse do if you own your house, are retired, with a high six-figure nest egg, and no will or trust? The Wall Street Journal says, in an article titled “Estate Planning for Childless Couples,” that you…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in elder law on Wednesday, November 19, 2014. Every day in America, roughly 10,000 people turn age 65. To help keep roadways safe as America grays and to help preserve the freedom of mobility of older drivers, researchers at University of California, San Diego School of…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, November 17, 2014. For those who have valuable weapons or collect firearms, how the guns should be handled after the owner’s death can be a concern. If heirs are not experienced, they may fall afoul of state and federal laws concerning…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, November 14, 2014. A well-planned estate is a wonderful legacy you can leave your heirs – instead of untangling a messy estate, they can follow concrete steps, allowing them to take care of business while mourning their loved one. Last week…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, November 13, 2014. Some advisers are moving low-basis assets out of the trusts by swapping in high-basis assets. For years wealthy investors have used grantor trusts to minimize their potential federal estate taxes. But today those same investors now have to…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, November 12, 2014. The good thing about making mistakes when it comes to estate planning is that you won’t be around to suffer the consequences. The downside is that your loved ones could be subjected to further pain. To prevent you…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, November 11, 2014. It’s something parents shudder to think about: a will. That’s probably why more than half of Americans with children do not have a legal will. Parents love their children, and the concept of dying and not being there…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, October 27, 2014. Retirement accounts, life insurance and similar items have become an important part of many people’s estate plans. In some cases, they are the only estate plan that people have. If you are relying on them, it is important…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, October 24, 2014. Selecting the executor of your estate or a trustee is one of the most important decisions in estate planning. A recent Investing Daily article, titled “Making Your Most Important Decision,” has some strategies to consider when selecting the financial fiduciaries for your…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, October 23, 2014. More than 5 million people live with Alzheimer’s, and that number, absent a medical breakthrough, could reach 16 million by mid-century. Medical research confirms one of the first things people have trouble with in the very early stages…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, October 22, 2014. When is an individual retirement account not a retirement account? When the Supreme Court says so. In a unanimous decision in June, the Supreme Court ruled that an inherited IRA is no longer a retirement account-noting that a…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, October 21, 2014. Thanksgiving weekend is a time to reflect, visit family, and of course, eat your fair share of pie. And while we may be thankful for the people and the wealth in our lives, not enough of us have…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, October 20, 2014. The Internet is a wonderful tool for so many areas of life. However, drafting legal documents is not necessarily one of them. While it may sound enticing to use that website form to draft your will, here are…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, October 17, 2014. An awkward part of estate planning is telling your kids how much – or how little – they’ll get. Here’s how a financial planner can help. For clients, one of the most stressful aspects of estate planning –…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in elder law on Thursday, October 16, 2014. Dealing with aging parents is not only tough emotionally, but financially. A Caring.com report found that nearly half of family caregivers spend more than $5,000 a year on caregiving, and 30 percent spend more than $10,000. Your parents…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, October 15, 2014. Too often, the need for the most basic estate-planning documents is overlooked or misunderstood. While many people would admit they should have a will, 50 percent of Americans with children and 41 percent of baby boomers age 55…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, October 14, 2014. A living trust has advantages that a will can’t offer, so you may want to keep both. A revocable living trust is similar to a will in that it indicates how you would like your assets to be…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, September 30, 2014. What is estate planning? Do you think it is only for the rich? One of the greatest gifts you can leave your loved ones is an organized estate. The time that you spend now will help your loved…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, September 29, 2014. There is no debating that the American population is aging at a rapid pace. In fact, by the year 2030, it is estimated that 19 percent of America’s population will be over the age of 65. With an…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, September 26, 2014. The $5 million exemption fromfederal estate taxeliminates the need for many to do complex estate planning. Because the exemption amount is indexed for inflation, a married couple’s assets must exceed $10,680,000, before estate tax would apply, and then…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, September 26, 2014. Moving to New York to avoid state death taxes? Really. John McManus, an estate lawyer in New Providence, N.J., has a retired client pulling in $500,000 a year in income, with second homes in Florida and the Hamptons,…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, September 26, 2014. Celebrities seem to live a charmed life, but for all the advice they can buy, they’re still not immune to estate planning issues and the consequences of ignorance and bad planning. Several recent celebrity estate issues in the…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, September 24, 2014. As the summer comes to an end and we head into the fall, a parallel can be drawn between the seasons of weather and the seasons of money. Just as you have spring, summer, fall and winter, there…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, September 24, 2014. Americans, by and large, are do-it-yourselfers. Information abounds to help us tackle all kinds of situations — including estate planning. However, it might be best to use caution when considering preparing your own will and other estate planning…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, September 18, 2014. A new federal rule has taken effect aimed at protecting certain spouses of reverse mortgage holders from being forced out of their homes when the mortgage holder dies. A reverse mortgage allows homeowners to use the equity in…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, September 17, 2014. Consider the experience of John J. Scroggin, who runs a tax business and estate-planning firm in Atlanta. His father, who died in 2001, wanted to be buried in Arlington National Cemetery in Washington. “I called Arlington and they…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, August 26, 2014. Jonathan Paul Manziel got paid. The most talked-about quarterback in college football since Tim Tebow recently signed a four-year contract with the Cleveland Browns. According to an official press release by the National Football Association, insiders believe that…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, August 25, 2014. After what sometimes seems like endless years spent raising a child, their adulthood-and all the rights that go with it-may creep up suddenly. And much as you hope you’ve prepared them to take care of themselves, you may…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, August 25, 2014. Take a look at these two fundamental estate planning documents – the durable power of attorney and the health care proxy. Even though they are usually thought of as only for older adults and seniors, younger people need…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in elder law on Monday, August 25, 2014. In life as in computing, a little planning now prevents a lot of pain down the road. Goodbyes are never easy, particularly if the relationship was a cherished one. Such was the case for me and my beloved…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, August 21, 2014. Phillip Seymour Hoffman, an accomplished actor, died suddenly in February at age 46 of a suspected drug overdose. Seymour had a long-term companion, Marianne O’Donnell, with whom he had three young children. Under the terms of his Will,…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, August 21, 2014. In addition to the strain imposed on millions of Americans related to managing their finances, many are also facing the task of stepping in to help their parents as they age and encounter health related obstacles. While you…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, August 20, 2014. Estate planning with one family is hard enough. For families with a mix of biological children and stepchildren, first spouses and second spouses, making out an equitable will can seem impossible. No one wants to leave their heirs…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, August 20, 2014. Although it may not be pleasant to consider, it’s important to have a plan in place for what happens to your children in the event of your death. What a task to think about all of the details…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, August 20, 2014. Few people relish estate planning. After all, deciding how you want your assets distributed after you die can serve as an unnerving reminder of your mortality. But there are plenty of reasons to tackle the task with some…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, August 20, 2014. When planning for your estate, where do you start? The first step, according to CNN Money‘s “Identifying your assets” (i.e., part of its Money Essentials Series), is to review and inventory all of your assets. This includes your investments, pensions, retirement accounts,…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, August 15, 2014. You may have made a giant estate planning mistake without even knowing it – forgetting to update the names of your beneficiaries for your employer-sponsored retirement plans, IRAs, life insurance policies, mutual funds, bank accounts, brokerage accounts, annuities…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in elder law on Thursday, August 14, 2014. Now is the time to adopt financial habits that determine a successful retirement, even if you’re still in your 20s. (Note: Parents, here is a great article to share with your twenty-something adult children!) If you are a…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, July 31, 2014. College is extremely expensive for most families. When tuition, room, board, books and other miscellaneous expenses are all added in the total cost of a college degree is often in the six figures. Not wanting to saddle their…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, July 30, 2014. After someone passes away different types of debts are handled differently. As Americans continue to accumulate credit card debt, it is important to know how it will be handled by your estate. News stories about the high amount…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, July 29, 2014. Income inequality and the estate tax continue to be hot button issues in American politics and culture. Americans have a wide array of opinions about these two linked topics. Comedian John Oliver recently gave his humorous thoughts on…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, July 28, 2014. Gwinnett County and Johns Creek Readers: Does Everyone Need a Revocable Living Trust? Revocable living trusts solve many common estate planning problems. As such they continue to be extremely popular. However, not everyone needs to get a revocable…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, July 25, 2014. Young people also should plan how their assets will be distributed in case something were to happen to them. Estate planning is more than just deciding how your assets will be distributed. That is a large part of…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, July 24, 2014. There is an interesting case being heard in Sacramento probate courts. A man named Joseph Herb O’Brien was dying in a hospital room. For a long time he had an estate plan that left his entire estate in…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, July 23, 2014. When most people die there is not much interest in the details of their estates. However, when a celebrity passes away, reporters are keen to find out how much money the celebrity had and how it will be…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, July 22, 2014. A Family Limited Partnership creates a separate entity in which you can place an almost unlimited amount of assets. This may help protect the assets from personal creditors and allow you to maintain control of the assets during…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, July 22, 2014. It can be very difficult for your family members to gain access to your email accounts and social media accounts after you pass away. It can be even more difficult for them to gain access to your online…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Sunday, July 20, 2014. Many trusts are set up in a way that creates two different groups of beneficiaries. The first group are income beneficiaries. They have a right to the current income the trust property generates. Another group are remainder beneficiaries…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, June 30, 2014. You commit to charity with nothing but the greatest of intentions, but when it comes to unique or truly large gifts of charity good intentions are not necessarily all it takes to do the most good. Without proper…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, June 24, 2014. Since for most of us, our children are our foremost priority in life, a Letter of Intent can be a crucial document. And anyone who wants to ensure special care for their children should consider including one with…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, June 23, 2014. If you have identified all your potential IP and never operated without professionally prepared documents, you will likely be confident about the value of what you worked so hard to create. And if not, now is the time…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, May 23, 2014. The basis of modern financial management rests on the promise that you can pass along what’s left to future generations. Yet, the likelihood of your money lasting is slim, and studies have pegged the “shirtsleeves to shirtsleeves” failure…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, May 22, 2014. Putting conditions on inheritances can offer incentives to heirs With great wealth comes great responsibility. On the other hand, great wealth can also mean great fun. When those minds are young ones it can be easy to miss…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, May 21, 2014. While many popular gifting strategies involve charities, gifting to family members can be equally rewarding. Here are a few easy approaches that can reduce or avoid taxes, and are also effective wealth transfer techniques. “Gifting strategies”: when you…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, May 20, 2014. How do I know what kind of caregiver my family member needs? As those of us with elderly loved ones can attest, finding the right level of care – and at the right cost – for an elderly…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, May 19, 2014. Get expert help when passing on collectibles that have financial value. Pulling together a great collection of anything can take a great deal of effort and a lifetime of diligence. That noted, don’t forget that it also takes…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, May 16, 2014. Starting this year, the key criterion for [Medicare} coverage is a demonstrated need for skilled care – even if the patient isn’t expected to improve. That means patients already enrolled in Medicare Part A (hospitalization) who need care…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, May 15, 2014. Estate planning isn’t exactly my idea of fun, but it’s absolutely necessary. Just like you’re planning for retirement, you need to plan for the inevitable. To begin planning your estate is really about beginning to think through the…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, May 14, 2014. WHETHER it’s treasured pearl earrings or a vintage camera, a house or what’s left of your life savings, deciding who should inherit your worldly goods means making sometimes wrenching choices. For older people without children, stepchildren or grandchildren,…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, May 13, 2014. Owners cannot leave money to their pets, nor can pets own property. But owners who consider their companions to be integral members of the family can make sure they their pet is properly cared in the event of…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, May 12, 2014. A thoughtful distribution of your “stuff” is a gift more valuable than any item. After all, … “The last thing you want when you die is to put your family in a worse situation.” “Money isn’t everything.” That…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, April 28, 2014. Donor-advised funds have become the hot thing for philanthropists who have grown weary of foundations. To run the charitable foundation is to have absolute control and discretion over the charity, its goals, its practices, and all the decisions…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, April 25, 2014. More philanthropists are choosing to donate all of their foundations’ assets within their lifetimes. Sometimes good things are built to last, and sometimes you decide it has run its course. This seems to be the growing attitude amongst…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in elder law on Thursday, April 24, 2014. Caregiving is hard work and it is easy for caregivers to get burned out. Adult day care centers provide care and companionship in a group setting to seniors who need supervision during the day, allowing their caregivers to…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, April 23, 2014. It may seem like a great idea: Parents, either because they want to help their kids out, or to reduce the taxable value of their estate, decide to transfer ownership of their home to their kids. Well, it…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, April 22, 2014. The big problem with facade easements is valuation. Knowing something is of value is one thing. However, being able to prove the value is something else. This challenge goes double when you are attempting to value an intangible,…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, April 21, 2014. Similar scenes are being played out throughout an aging America, where the children of elderly borrowers are learning that their parents’ reverse mortgages are now threatening their own inheritances. The reverse mortgage has its benefits, especially for many…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, April 18, 2014. Planning for married couples should include an evaluation of whether a portability-based plan or credit shelter based plan makes the most sense in the context of the couple’s financial and personal situation. New circumstances give rise to new…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in elder law on Thursday, April 17, 2014. As parents, we care for our children until they can fend for themselves. Then one day, the roles are reversed. Our kids become the caretakers. There are certain discussions that are just too important not to have. Unfortunately,…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, April 15, 2014. Meanwhile, our family’s conversation by email about the destiny of the violin turned into an occasion to honor long dormant memories of Grandpa Oscar and Grandma Bess, who predeceased him by two years. Two of their seven grandchildren…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, March 31, 2014. Asset protection is its own form of legal planning-one that incorporates the other types of legal planning, as well as fields such as risk management. Business owners engage in asset protection planning to have a viable defense against…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in elder law on Friday, March 28, 2014. Nearly half a million elderly Americans likely died from Alzheimer’s disease in 2010, a figure almost six times higher than previous estimates of annual deaths, according to a new study released on Wednesday. Alzheimer’s disease is a unique…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, March 27, 2014. The Massachusetts Appeals Court has ruled that rendering services to someone in the hope or expectation that it will result in payment from an estate is not sufficient to entitle an individual to a portion of the estate.…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, March 26, 2014. When your parent needs help with the basic activities of daily living, it may be time to look into an assisted living facility for him or her. Choosing whether assisted living would be the right option can be…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, March 25, 2014. If you have a reverse mortgage, let your heirs know. Soon after you die, your lender must be repaid. Heirs will need to quickly settle on a course of action. Even when heirs inherit a home outright and…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, March 24, 2014. The phrase “frozen assets” is one that strikes fear into the heart of many a wealthy citizen… Yet, for investors interested in protecting and passing on their wealth, there is a way to re-appropriate the concept of “frozen…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, March 21, 2014. About two-thirds of nearly 1,000 business owners surveyed recently by Pepperdine University’s Private Capital Markets Project expect to transfer their ownership in the next 10 years. But will those owners be able to sell the fruits of their…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, March 20, 2014. If you are worried that disappointed heirs could contest your will or trust after you die, one option is to include a “no-contest clause” in your estate planning documents. A no-contest clause provides that if an heir challenges…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, March 19, 2014. If Pres. Obama has his way, we haven’t seen the end of estate tax reform. The President’s proposed budget for 2015, issued today, would restore the estate tax rates to those that were in effect in 2009 and…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, March 18, 2014. As a result [of today’s more favorable estate tax laws], it’s usually more tax efficient for people to hold onto their assets until death than to gift them earlier in life. Some states, however, still impose a state…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, February 27, 2014. For heirs, the emotions that come with sudden wealth can be a mix of guilt, loss, anger, regret, relief and hurt, perhaps stewed with long-simmering family rivalries and resentments. Much of estate planning focuses on the technical aspects…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, February 26, 2014. If you have elderly parents, don’t wait to learn about Medicaid – sometimes referred to by a litany of other state names, like Medi-Cal and MassHealth. What is your Medicaid IQ? Most Americans have heard of Medicaid, since…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, February 25, 2014. Advisors say it doesn’t happen often, but parents who divide their assets unevenly are playing with fire. That said, there are things they can do to try to keep the fire under control, so it doesn’t become a…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, February 24, 2014. These two experiences taught me a lesson about family businesses. Making a family business a family legacy takes planning and preparation. While each family business has its own unique issues, there are some common strategies associated with succession…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, February 21, 2014. Probate court is no one’s idea of fun, so it’s something you may want to spare your heirs when they inherit your home. One simple tool for doing that: a “life estate.” Do you want to avoid probate…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, February 20, 2014. If your parents live in one of 29 states or Puerto Rico that has filial responsibility laws on the books, you could potentially be held legally responsible for their care under certain circumstances, such as when your parents…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, February 19, 2014. The numbers also show that roughly one in three businesses pass to the next generation. Just about 10% of family businesses pass to the grandchildren’s generation. Still fewer make it to the subsequent generation. Regardless of the reasons,…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, February 18, 2014. Recent tax law changes are turning traditional estate planning on its head. Indeed, moves long considered savvy-for example, aggressively shifting wealth to younger generations while senior family members are still alive or leaving assets to a “bypass” trust-may…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, February 18, 2014. In the meantime, cases like this demonstrate anew how vigilant families need to be. If your older relative has a long-term care policy, photocopy the page listing the company, policy number and claims contact information. Keep the insurance…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, February 17, 2014. What does this mean? Imagine you have a severe stroke. Before Jimmo, most people thought Medicare would pay for physical therapy only as long as that PT was helping you get better. For instance, Medicare would pay if…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, January 27, 2014. In the past four years, the amount of money administered by South Dakota trust companies has tripled to $121 billion, almost all of it from out of state, according to the state’s Division of Banking. Some states may…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, January 24, 2014. There’s the emotional aspect of getting a loved one’s home ready for sale – which likely includes clearing out his or her belongings and depersonalizing the rooms. There’s the financial cost of making necessary updates to attract buyers……
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in medicaid qualification on Thursday, January 23, 2014. My mother gave me money in 2009. Now (2013) she is in a nursing home and needs to get Medicaid. Does that money need to go back in her account because of Medicaid’s five-year lookback? Medicaid has some…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in medicaid qualification on Thursday, January 23, 2014. Medicaid has some very well-intentioned rules to stop people from taking advantage of the system. Many people set out intending to “beat the system.” It is called fraud. Unfortunately, sometimes the rules intended to stop outright fraud can…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, January 22, 2014. An IRA account owner or beneficiary died and there was no named beneficiary for the account. The obvious question comes, “Who inherits the account and how do you calculate the required distribution?” Probate can be a difficult and…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, January 21, 2014. Affluent Americans are committed to building a legacy both by using their wealth in positive ways and by passing their values on to future generations. Can your philanthropy do more than just help the cause or causes important…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, January 20, 2014. Trusts for burials, Bentleys, blunderbusses, Basset Hounds, Beaujolais and blowhards: Not all trusts fit into the traditional model. Most people will never need any of these. But when they do, one of these obscure arrangements may fill a…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, January 17, 2014. Congress dangled an incentive for high-income Americans to convert their tax-deferred individual retirement accounts into post-tax plans. Their response was overwhelming. Conversions from regular IRAs to Roth retirement accounts increased more than nine times in 2010, rising to…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, January 16, 2014. State estate taxes? That’s another story. Sixteen states and the District of Columbia impose an estate tax, and some kick in for estates valued at $1 million or less. At that level, estate taxes aren’t just a problem…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, January 15, 2014. Want to better understand the mistakes charities make, so you can do a better job in your own philanthropic endeavors? Philanthropy is a difficult and certainly imperfect science. You give to do good, right? Nevertheless, it is quite…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, January 14, 2014. For [some business owners], let’s call them the “able but not quite ready to retire” business owners, the thought of handing off the business they built and walking away is an unsettling, if not gut-wrenching, decision. For these…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, December 31, 2013. With the holiday giving season in full swing, you may be re-evaluating just how much to give to charitable causes and where to donate. We are now in the traditionally charitably-minded time of year. Charitable giving is an…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, December 30, 2013. A family succession is often the most logical and practical way for a small business owner to exit the company. But it doesn’t always go as smoothly as possible … To ensure your exit goals are met and…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, December 27, 2013. Prenups are designed to protect assets brought into the marriage, and if you don’t have any yet, don’t feel as if you’re doing something wrong by not asking your partner for a prenup. Prenuptial agreements – prenups –…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, December 26, 2013. While having [estate planning] conversations takes a lot of courage, families that speak freely about these delicate issues can avoid problems down the line. Just getting yourself to think about your estate, let alone put together an estate…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, December 24, 2013. Some wealthy people are taking another look at survivorship insurance. The relatively obscure product, also known as “second-to die” insurance, insures two lives, usually spouses, with one policy. Where there is a risk and an attending financial exposure…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Monday, December 23, 2013. With college costs already astronomical and rising, saving for them isn’t just a year-end thing. But if those prices – … – have got you down, there are some ways to max out your savings before 2013 ends.…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, December 20, 2013. For those looking to put their philanthropic urges into action, the challenge lies not in finding a worthy cause, but rather in choosing among the large number and variety of available options. The year is not quite over.…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, December 19, 2013. For many Americans, the task of putting together an estate plan is one of those “to-do’s” that never gets done. Tic-Toc-Tic-Toc … it is that time of year again. Yes, it is New Year’s resolution time. Is estate…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, December 19, 2013. For many Americans, the task of putting together an estate plan is one of those “to-do’s” that never gets done. Tic-Toc-Tic-Toc … it is that time of year again. Yes, it is New Year’s resolution time. Is estate…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Wednesday, December 18, 2013. So often with estate planning, the legal issue is less complicated than the family dynamics at play. We all intend for the inheritance we leave behind to be for good, not to cause problems. When planning for the…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Tuesday, December 17, 2013. Passing along assets after death is a tricky business – and subject to error. Aside from the complexity, making a will and other plans for heirs requires periodic updates because circumstances change. Leaving an inheritance behind can be…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Friday, November 29, 2013. With the holidays and year-end quickly approaching, now would be a good time to discuss an alternative to a cash charitable donation. While it’s certainly worthwhile when you drop your loose change into the Salvation Army kettles, there…
On behalf ESTATE PLANNING LAW GROUP OF GEORGIA, James M. Miskell P.C. posted in estate planning on Thursday, November 28, 2013. Estate planning is the process of legally structuring the future disposition of current and projected assets. What is estate planning? Estate planning is many things. This lead question, however, is taken directly from the a recent Forbes article titled “What…
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3 Easy Steps To Protect Your “Stuff”This workshop addresses frequently asked questions and common misconceptions on Wills & Trusts, Asset Protection, Nursing Home Issues, and Medicaid Qualification.
