Estate Planning for Non-Traditional Families
Family structures and family dynamics differ significantly from family to family, and the idea of a “traditional” family is not applicable to most individuals who are starting to think about estate planning. Yet many basic estate planning tools that you might try to use to “do it yourself” have not caught up with social and cultural changes in family life, and thus it is extremely important to work with a Georgia estate planning lawyer to ensure that your estate plan includes everything you need and accounts for any potential family complexities that may arise in the future. What do people in non-traditional families need to know about estate planning? The following information can help you to plan ahead for your meeting with an estate planning lawyer in Norcross.
What is a Non-Traditional Family for Estate Planning Purposes?
There are many different types of family structures and family dynamics that might be “non-traditional” as far as estate planning goes, where intestate succession laws and other state laws might not be properly attentive to your needs. Those non-traditional family structures can include, for example:
- Divorced couples with shared children;
- Blended families with children from first and second marriages, including half-siblings and step-siblings;
- Parents who are unmarried but share a child or children;
- Couples who are in long-term relationships but choose not to marry;
- Grandparents or other family members raising another family member’s child;
- Households with foster and adopted children; and
- Same-sex or LGBTQIA+ couples.
Needs to Consider in Estate Planning
With non-traditional families, it is often essential in estate planning to clarify how assets will be distributed (including how children from previous relationships or marriages will be protected in blended families, or how assets will be distributed to foster or adopted children). In addition, it is often necessary, especially for unmarried couples who are in long-term partnerships, to clarify how the other partner will have access to finances and health care decisions.
The following are all documents and estate planning tools that you will likely want to consider:
- Creating a trust through which you can ensure that assets are distributed fairly among your children and other beneficiaries, especially in circumstances where there are children who might have concerns about being left out or unaccounted for;
- Making a valid and enforceable will to leave specific assets to specific beneficiaries (especially if you do not want to create a trust — a will is essential), and to clarify your wishes for a guardian for your minor children;
- Making a Georgia Advance Directive for Health Care to name a health care agent and to clarify your own medical wishes;
- Designating beneficiaries on certain accounts and policies; and
- Creating powers of attorney to ensure that the person or people of your choosing are the ones who are designated to make important financial decisions on your behalf.
Contact a Gwinnett County Estate Planning Lawyer for Assistance with Non-Traditional Family Estate Plans in Georgia
In the 2020s, there are relatively few family situations that look “traditional,” as we noted above, and many families are in situations that are considered “non-traditional” by different accounts. No matter what the makeup or dynamic of your family might be, you can account for your own needs and your family’s needs with assistance from an experienced Gwinnett County estate planning attorney at Bowman Law Firm. Do not hesitate to reach out to our firm to learn more about the estate planning services we provide to blended families in Georgia.
Sources:
https://law.justia.com/codes/georgia/title-53/
