Estate planning lawyers in Cobb County have always had to keep up with the times, and this is just as true in Georgia as it is anywhere else. Often these changes include things like new legislation, but there are other factors that need to be considered, such as differing lifestyles and advancing technologies. Have you ever stopped to wonder what happens to your Facebook when you die?
It’s a question that even the legal world is starting to address. Of course, Facebook is only one of the social networks out there, and it’s likely that more will emerge, with some taking over the spotlight. For now, Facebook is certainly one of the most talked about, as Facebook has reached a billion users. As of November of 2012, Twitter had 500 million, Google+ had 400 million, Skype had 280, and LinkedIn had 175 million. And this represents only a fraction of the social networks that are out there.
New York, Oklahoma, and Nebraska were some of the first states to start taking a look at how estate planning attorneys might assist clients in designating personal representatives to take over their social media accounts should the original owner become deceased or incapacitated. Some people are referring to this as an “online executor,” and it’s even being suggested to officially name this person in the will or trust.
What About Facebook?
While it still remains to be seen how things will play out, especially as newer technologies become part of the Cobb County estate planning landscape, Facebook (as well as many other social media networks) already does have a system in place for dealing with the death of a user.
When someone passes away, Facebook allows another person to notify them. They will need to be able to supply the individual’s full name (used on the account), email address used to create the account, and the URL of the deceased’s profile. This is done through a form. In addition, the person must report their relationship with the deceased.
At this point, Facebook will ask what should be done with the profile. Some families prefer to take the entire thing down. Others choose the option of “memorializing” the page. When this happens, Facebook allows only those who were already confirmed as friends to see and post on the page. Many friends do this as a way to leave memories or express condolences to those left behind. If the account has been memorialized, it is removed from the general search function.
Another common option is for people to create their own pages in memory of a friend or family member. This can even be done in conjunction with the memorializing of the original page. The benefit is that this allows those who were not confirmed friends on the original account to leave messages, post photos, etc.
So, do you need to get a Cobb County will lawyer involved when it comes to your Facebook account? The answer to that is “maybe.” If your account is part of your business strategy, for example, you might find it to be even more imperative. Even for those who just use Facebook and other social media for personal communication, naming an online executor is something to consider.
Our Cobb County wills, trusts and probate law firm can help you get started in creating a digital asset protection plan that best meets your personal or business needs. For more information or to schedule a complimentary Georgia Family Treasures Planning Session, please give our office a call at 770-425-6060.
Contrary to popular belief, estate planning in metro Atlanta is not just about money or taxes. Far from it. Today, it’s more about protecting your assets for yourself and your loved ones, achieving your financial goals and safeguarding your health care. Money and taxes aside, here are 7 good reasons you need an estate plan:
1. Your Health care. Defining how your medical needs will be addressed in case you cannot make health care decisions for yourself is a primary objective of having an estate plan. You also need to consider how you will meet the costs of long-term care. You need to name someone to make decisions for you and tell them how you want them made. This must be legally documented or the person you want caring for you, cannot.
2. Probate. Probate in metro Atlanta is an unnecessary, public and often expensive court process that takes control out of your family’s hands and puts that control in the hands of a Judge who doesn’t know you or what’s important to you. A main focus of metro Atlanta estate planning is keeping your family out of court. Period.
3. Family feuds. Family fights over how assets are divided and distributed are common when there is no estate plan and/or trusted advisor to guide family members. Sadly enough, these fights happen even when amounts of money are small OR even when there is no money at stake. Some of the biggest fights we’ve seen happen in storage units over sentimental items with no monetary value at all. If you don’t want your family to fight, you plan your estate.
4. Beneficiary forms. You likely have several assets that cannot be passed along in a will alone. These include IRAs, life insurance, retirement plans and annuities, all of which are governed by beneficiary forms that specify who is to receive the assets upon the death of an account holder. Completing these forms properly is estate planning
5. Kids and parents. If you are currently responsible for the care of minor children, elderly parents or a person who has special needs you need a plan for the continuation of that care after you are gone.
6. Managing assets. Is your spouse or other family member capable of managing all your assets? If not, you will need to name someone who is capable of doing this now so your assets will be managed wisely for the benefit of your family in the future.
7. Business succession. If you own a business in metro Atlanta, you will need a succession plan to govern what happens to your ownership shares if something should happen to you.
If you would like to have a talk about guiding your loved ones through estate planning, call our office today to schedule a time for us to sit down and talk. We normally charge $750 for a Georgia Family Treasures Planning Session, but because this planning is so important, I’ve made space for the next two people who mention this article to have a complete planning session at our metro Atlanta estate planning law firm no charge. Call us today at 770-425-6060 and mention this article.
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Will and trust lawyers in the Atlanta, Georgia, area recognize that there is no one-size-fits-all approach to estate plans. Every situation is different, and each person needs individualized attention. While there are services that offer cookie-cutter forms that will supposedly allow you to set up a decent plan, there is no comparison to working with an actual estate planning attorney who can work with human understanding to meet your real needs.
For example, the needs of women have been changing dramatically over the past several years. Gone are the days when a woman was expected to stay home and live on an “allowance” if her husband chose to give her one. Instead, so many women today have their own jobs, their own finances, and their own desire to protect their assets.
Older Women and Widows
In addition, women typically live longer than men. So, even if the husband was originally in charge of working with the will and trust lawyer, once he has passed away, the widow has an entirely new set of needs. She needs to make sure that her estate is able to support her as costs continue to rise, as well as to determine what she would like to have happen to her assets after her own death.
Not all estate planning lawyers in the Atlanta GA area are current with the times, either. There is still a tendency to create trusts that will “take care of them” without them actually having any say over the contents of the trust. Today’s women are often quite capable of managing their own finances and are better served by having flexibility to grow their funds rather than being restricted by the trust.
There are plenty of reasons that a younger woman should to meet with an Atlanta will and trust lawyer, too. In the case of a single mother, assigning a guardian is critical in case of the mother’s death or incapacitation. If a guardian is not legally named, the courts will step in and choose a guardian for the child without taking the mother’s wishes into consideration. An estate planning attorney may also advise younger mothers to consider setting up a trust for their child(ren) and maybe even to look into life insurance policies that could be used to fund the child(ren)’s future.
Whether married or not, many younger women have careers and would benefit from retirement planning in this earlier stage of life. By being proactive early on, a woman can set up her 401k and other accounts to make sure she realizes her long-term financial goals. Looking to retire young, to pay for your kids’ college, or to travel the world? A will and trust lawyer in metro Atlanta can help put things in motion now to make that a reality later.
If you have a significant other in your life, it makes sense for the two of you to work together with your Atlanta estate planning attorney to make sure that your goals align and that your plans are compatible. Your attorney can help you properly deal with “his, hers and ours” to ensure that your assets are titled properly and that your financial house together is built on a solid foundation.
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