The Role of Family Law in Estate Planning

Family law and estate planning are closely intertwined, as both areas of law deal with the protection and distribution of assets. Estate planning includes the creation of wills, trusts, and other legal instruments to ensure that a person’s assets are distributed according to their wishes after their death. Family law plays a significant role in this process, particularly when it comes to the division of assets during divorce or when determining guardianship for minor children.

In Georgia, family law impacts estate planning by ensuring that marital property is properly divided in the event of a divorce. Georgia follows the principle of equitable distribution, meaning that marital assets are divided fairly but not necessarily equally. This is important to consider when creating an estate plan, as the division of assets during a divorce may impact what remains to be distributed through a will or trust.

Family law also comes into play when creating a will or trust to address the care of children. In the event of the death of a parent, family law determines the legal guardianship of minor children. It is essential for parents to include clear instructions in their estate plan regarding who should care for their children if both parents pass away. Additionally, family law may impact the creation of a trust to ensure that children’s financial needs are met in accordance with the parents’ wishes.

Another aspect of estate planning influenced by family law is the creation of powers of attorney and healthcare directives. These legal documents allow individuals to designate someone to make healthcare decisions or manage financial matters in the event that they become incapacitated. Family law attorneys can help ensure that these documents are drafted in compliance with Georgia law and that they reflect the individual’s wishes.

If you need assistance with estate planning or understanding how family law affects your estate plan, contact our office at 770-741-1570 or visit www.chisolmtrimblelaw.com. Our firm has been named one of Georgia’s top 10 family law firms, and our Managing Attorney has been selected as one of Georgia’s Super Lawyers.