Caring.com reports that the percentage of Americans with a will has dropped from 33% in 2022 to 24% in 2025. Unfortunately, without proper planning, your family may face unnecessary stress, delays, and legal complications when settling your estate.

One of the most crucial choices in estate planning is selecting the right person to fulfill your wishes. Understanding the role of a will and testament executor can help you make informed decisions that protect your legacy and bring peace of mind. The right executor can make a big difference in:

• Managing challenges during probate
• Guarding the assets you worked hard to accumulate
• Minimizing disagreements
• Reducing the emotional train of estate settlement
• Ensuring the process moves smoothly

Keep reading to learn how the Rhodes Law Firm, PC, team can help you make the best decisions for your estate today.

What Does a Will and Testament Executor Do?

An executor has legal duties to ensure the proper handling of an estate. Some key responsibilities include the following:

• Filing the will with the probate court
• Notifying beneficiaries about their inheritance
• Managing and protecting estate assets
• Paying off debts and taxes
• Distributing assets according to the will
• Completing legal probate steps
• Ensuring legal and financial obligations are met
• Handling disputes if they arise
• Communicating with attorneys, accountants, and other professionals

These tasks need careful attention to detail and a strong understanding of the legal process. Because the role can be complex, choose someone whose abilities you trust to handle these responsibilities.

Who Can Be an Executor?

Most people choose a reliable individual or institution to serve as an executor. Common options include:

• A qualified family member like a spouse or adult child
• A trusted friend with the right background
• An attorney or financial advisor
• A bank or trust company with estate management experience
• A professional executor who specializes in handling estates

An executor should be responsible, organized, and willing to take on the legal and financial tasks required to settle an estate. It is also essential to appoint someone who can handle family dynamics and any potential conflicts that may arise.

Do You Need a Will and Testament Executor?

Naming an executor is a crucial part of will planning. It ensures the following:

• Assets go to the right beneficiaries
• Legal delays and complications are reduced
• Debts and taxes are handled properly
• Family disputes over assets are prevented
• Control over the distribution of the estate is maintained
• The estate is protected from unnecessary expenses and fees

How to Choose the Right Executor

Selecting the right executor is an integral part of your overall estate planning. If choosing an executor is on your mind, the following is essential:

• Choose someone trustworthy
• Ensure they have enough time for the role
• Select a person with some legal/financial understanding
• They should understand your family’s unique dynamics and values
• It may be helpful to choose someone close by

A professional executor may be the best option if no suitable individual is available. If you want to appoint an attorney, evaluate the following:

• How long has the attorney been practicing in the areas of Probate, Trusts, & Estate Planning Law?
• What percentage of the attorney’s practice is devoted to Probate, Trusts, & Estate Planning Law?
• Will the attorney provide a written fee agreement?
• Does the attorney require a retainer?
• Does the attorney appear knowledgeable and interested in your situation?
• Is the attorney friendly and easy to talk to?
• Does his/her manner put you at ease or make you uncomfortable?
• Is the attorney understandable and able to explain the law clearly?

Can You Have Multiple Executors?

Yes, you can appoint multiple executors. If you do decide to take this route, consider these key points:

• Multiple executors can divide responsibilities to ease the burden on one person
• Co-executors must agree on financial and legal decisions
• Naming too many executors can slow down the probate process

If you name multiple executors, consider choosing one as the primary decision-maker and another as a backup.

How to Make the Executor’s Job Easier

An executor’s role can be complex, but proper preparation can make it easier. Here are a few crucial things to remember:

• Keep financial records organized
• Keep an updated list of all assets and debts
• Keep essential documents in a safe yet accessible place
• Provide clear instructions in the will
• Communicate with beneficiaries in advance
• Seek legal and financial guidance to simplify the process
• Consider creating a trust to manage certain assets outside of probate

By taking these steps, you can reduce the burden on your executor and ensure a smoother estate transition.

Common Challenges Executors Face

Executors often face challenges that can complicate estate management. Some common issues may include:

• Clashes over asset allocation
• Complex financial or tax matters
• Delays in probate court proceedings
• Difficulty locating assets or debts
• Legal obligations requiring professional guidance
• Emotional stress from handling a loved one’s estate
• Managing digital assets (emails, online accounts, etc.)

How to Update Your Executor Choice

It is essential to review and update your executor selection periodically. Changes in marriage, divorce, or financial circumstances may affect your choice. Here’s how to update your executor when needed:

• Revise your will to reflect your new choice
• Notify the previous executor of the change
• Ensure the new executor is willing to accept the role
• Consult an attorney to ensure changes are legally binding

Keeping your executor selection up to date ensures estate management according to your wishes and instructions.

The Importance of a Will and Testament Executor

A will and testament executor is critical in administering the estate after death. Choosing the right person ensures smooth asset distribution and can help avoid probate issues. Taking the correct steps now can make a significant difference in the future.

For over 40 years, Rhodes Law Firm, PC, has provided expert guidance in estate planning, elder care law, and asset protection, helping families secure their financial future. Our extensive knowledge of probate, trusts, taxes, and Medicaid allows us to guide you through every step confidently. Contact us today to create a plan that protects your assets and honors your wishes.

According to Financial Sense, only 32% of Americans had an estate plan in 2024, a shocking 6% decline from the previous year.

Hiring an estate planning lawyer plays a crucial role in protecting your assets and ensuring that your possessions are distributed to the right people. Although it’s important, many of us procrastinate writing our will or do it ourselves, which often causes more problems.

If you’re on the fence, you’ve come to the right place. Here are five reasons you need to hire an estate planning lawyer in Augusta, GA.

1. Get Tailored Solutions for Your Needs

No two estates are the same, so regardless of how much research you do, you likely won’t find the answers in previous cases.

Most non-lawyers struggle to understand legal terminology as they don’t have the experience. But when you hire an Augusta estate planning lawyer, they will translate your plan into simple language that you’ll understand.

An estate planning attorney understands your situation is different and will create a tailored plan to meet your specific needs. This covers everything from handling complex family dynamics to choosing the right type of trust for your loved one, so all bases are covered. A bonus is that your estate is dealt with objectively to ease emotions and keep everyone in the loop.

2. Knowledge of Local and Federal Laws

A major reason to hire lawyers in Augusta is because these professionals understand local and federal laws inside out.

Thanks to their experience, lawyers know to regularly check for updates in the law and tweak your estate plan to accommodate this. For instance, if there are any changes in tax legislation in Georgia, Augusta lawyers will tell you and figure out how to legally avoid paying unnecessary taxes.

3. Avoid Common Mistakes

Regardless of how thorough your estate planning checklist is, it’s possible to make mistakes without help from an estate planning lawyer.

As it’s such an important document, you can’t risk any errors as it could put your assets at risk and increase the chances of probate. Common pitfalls include using vague language in wills, incorrectly titling assets, or not updating documents after a major life event, such as a divorce.

Luckily, mistakes can be avoided by hiring an estate planning lawyer in Augusta. These professionals know how to set up the document properly and carefully check for mistakes that could impact you and your loved ones. 

4. Understand Tax Rules

Taxes are complicated, but you must consider any tax implications in your estate plan; otherwise, your heirs will suffer the burden. A reputable attorney will untangle the complex web of taxes to ensure that your estate is tax-efficient. If, for example, you’re gifting a slice of your funds, an estate planning lawyer can figure out how to structure your gifts with minimal tax.

Further, certain inherited assets come with their own tax implications. Your heirs must pay capital gains tax, for instance, if your property appreciates. This can be a stressful time for families, but with a lawyer’s help, they can soften the blow by changing how they structure their estate plan.

5. Avoid Probate

In a worst-case scenario, your estate will go into probate. This happens if there is an incomplete will, there may be an ongoing legal case against the deceased or disagreements about property ownership. Probate can be problematic for many families because it is a slow and costly process.

The best way to avoid probate is to work with a lawyer to gift a portion of your assets and add a spouse or child as a joint owner of your bank accounts and property. Another way to avoid probate is to hold assets in a trust, which a lawyer can do on your behalf.

This is a reminder to constantly make adjustments to your estate plan, such as a birth or death in the family and changes regarding your assets. When this data is up-to-date, an estate planning lawyer can protect your family and assets in the future.

Finally, and arguably the biggest reason to hire an estate planning lawyer is for peace of mind. You’ve worked hard your entire life to own what you have and you don’t want it to go to waste because of the wrong documentation or legal jargon. Knowing that a lawyer has your affairs in order, you can then focus on enjoying life rather than getting bogged down with anxiety.

Tips for Choosing the Right Estate Planning Attorney

Nearly 43% of Americans blame procrastination for not creating a will, but this is more devastating than you might think. Not creating a will could cost your family financially and put their peace of mind at risk, which is why hiring an estate planning lawyer is a must.

With so many great lawyers to choose from, it can be difficult to know what to look for. Ideally, hire a lawyer in your local area so they understand local laws and check that they have the right credentials. Choose an estate lawyer with years of experience under their belt because they have likely seen every situation imaginable.

Another useful tip is reading through client testimonials. Only choose an attorney who has an extensive list of positive reviews about estate planning. These comments should give you an insight into the lawyer’s track record and how happy families were after hiring their services.

Aside from their website and social media channels, look at legal directories for a more thorough analysis of their services.

Hire an Estate Planning Lawyer Today

Now that you’re ready to hire an estate planning lawyer, it’s time to start your search. The key is to keep it local and schedule a consultation where you can give the lawyer an overview of your situation.

At Rhodes Law Firm, PC, our team of attorneys has 40 years of experience working with clients in Georgia and South Carolina. If you’re looking for an estate planning lawyer, we’d love to hear about you and your case.

Interested? Then, don’t hesitate to reach out to us and talk to a representative.

In 2024, only 32% of Americans reported having a will. It’s easy to see why: this is a sensitive process that seems easy to put off.

Unfortunately, the emotional impact of writing a will may also stop you from realizing that someone may contest it.

Challenging a will isn’t too common in the U.S., but it’s hard to predict when someone may decide to do it. And if the challenge is successful, it can lead to unneeded strife for your loved ones after your passing.

The good news: there are several things you can do to prevent a contested probate. Here are some tips to ensure your last wishes will be carried out!

Know What to Expect

Start by familiarizing yourself with the probate process. When it comes to challenging a will, there are only a few select people who can do it:

• Your spouse
• Your children
• People included in your will or codicil
• People included in a previous will or codicil

Contesting a will also requires raising a valid question about it. A person can’t contest a will just because they disagree with it or are angry about its contents. They may only challenge a will during the probate process.

If the challenge is successful, there are several things that can happen. Common outcomes include:

• Replacing a will with a previous version
• Replacing a part of the will
• Setting aside the entire will

Follow the Rules

Execution issues are among the most common grounds for contesting a will. To avoid this, you must ensure that your will is enforceable.

For starters, you should follow your state’s laws when signing and completing a will. Ideally, you’ll hire an estate planning attorney to help you with this process. They’ll also be able to provide legal advice for probate.

Want to write someone out of your will or reduce their share of your estate? Write a letter of intent to your executor stating the reason for it. Send the letter to the attorney drafting your will as well.

Prove Testamentary Capacity

Another common reason to challenge a will is claiming the testator had mental issues at the time of writing. The common term for this is “sound mind.”

First things first: signing a will doesn’t require you to have perfect mental capacity. It only requires you to understand the following:

• State of your assets
• Your heirs and beneficiaries
• The effect of the will

An easy way to prove you’re mentally capable is to obtain the right medical documentation. For example, having a competency assessment signed by a psychiatrist will leave no room to argue against your mental state.

Videotaping your signing is another good probate litigation prevention method. This would show that you signed your will freely and of your own accord.

Talk to Your Heirs

One good way to ensure a smooth probate process is to discuss your will with your heirs. This will prevent bad surprises after you pass away.

Talking about your will also gives you a chance to help your heirs understand your reasoning. By sharing your thoughts and defusing any potential animosity, you can do a lot to deter someone from contesting your will.

Depending on your state, you can disinherit anyone except your spouse. If you completely write them out of your will, the court may allow them to take a certain percentage of your estate.

Prevent Undue Influence

Some testators are defrauded into signing a will. This can happen if you think you’re signing another document but end up signing your will.

As far as estate planning tips go, minimizing undue influence is essential. Think about a person who may have control over everything you do. For instance, a live-in caretaker may be a prime target of undue influence claims.

If you’re worried about these claims, sign your will with witnesses present. You should have at least two witnesses, and they should also sign the document. For best results, notarize the will as well.

Beyond proving your mental acuity, taping the signing can prove that nobody unduly influenced the estate plan. Take care, however, as some videos may inadvertently show the opposite.

Add a No-Contest Clause

When it comes to avoiding probate disputes, it always helps to include a no-contest clause. This clause is also known as “in terrorem,” or “about fear.”

A standard no-contest clause functions as a legal threat. It states that, if an heir challenges your will and loses, they’ll receive nothing. Your attorney can explain how to draft this clause according to your state’s laws.

For a no-contest clause to be effective, all your heirs should get something in the will. If they get nothing, they can contest the will at no risk. Ideally, you should leave them enough of a gift to deter them from this idea.

Establish a Living Trust

The best way to avoid a will dispute is to avoid writing a will altogether. What you can do instead is establish a revocable living trust.

As the name implies, a living trust allows you to place your money and assets into a trust during your lifetime. The trust would technically own your money and assets, but you’d spend and use them as you wish.

Upon your passing, your assets would go to your trust beneficiaries. A trust doesn’t go through the courts and doesn’t involve the probate process. One can challenge it, but this is far more complicated than contesting a will.

Finally, revocable living trusts are private. If someone isn’t listed in a trust, they won’t be privy to its details. A living trust leaves little need for a will, though it’s smart to prepare a pour-over will for any forgotten assets.

This Is How to Prevent a Contested Probate

Given how much thought goes into writing a will, it’s important to safeguard it as much as possible. Beyond following the above tips, your best bet is to hire an estate planning attorney to protect your rights.

At Rhodes Law Firm, PC, we’ll help you prevent a contested probate! Our attorneys can create the perfect custom-fit plan for you and your family. We’ve been helping Georgia and South Carolina residents for 40+ years.

Want to know more about our services? Fill out this form and we’ll get back to you soon!

You’ve spent years creating a supportive environment for a loved one with special needs, ensuring they have access to the best care, resources, and opportunities. But as you think about the future, an essential question looms -what happens when you’re no longer there to provide that support?

Special needs estate planning offers a way to secure their well-being and financial stability, allowing you to rest assured that they’ll be taken care of for years to come.

Let’s go through what to know about special needs estate planning.

Why Special Needs Estate Planning Is Essential

Unlike traditional estate planning, which primarily focuses on wealth transfer, special needs estate planning is tailored to preserve eligibility for government benefits. These benefits often have strict asset limits, and without a specialized plan, even a small inheritance could unintentionally disqualify a person with disabilities from receiving crucial support.

A well-designed estate plan protects these benefits by managing assets, ensuring that funds are available for supplemental care without disrupting eligibility.

Parents and guardians often worry about who will take over their role and how their loved one’s future needs will be met. A comprehensive plan allows families to designate trusted individuals to manage finances, oversee medical decisions, and continue to provide for their loved one’s specific needs. Through carefully appointed guardianships, trustees, and healthcare proxies, families can maintain a sense of control and reassurance that their loved ones will be cared for.

Special needs estate planning provides financial flexibility to address various aspects of the individual’s quality of life that government programs might not cover, such as:

• Recreational activities
• Travel
• Personal enrichment

Key Components of a Special Needs Estate Plan

A comprehensive special needs estate plan includes several essential components that work together to protect the well-being, financial security, and quality of life for individuals with disabilities. One of the foundational elements is the special needs trust.

An SNT allows families to set aside funds that can be used to cover a variety of expenses.

While individuals with disabilities often have varying degrees of independence, some may need assistance making decisions. Guardianship designates a trusted person to make decisions in these areas, providing protection and oversight where needed.

Families can also establish successor guardianships. This ensures a smooth transition if the primary guardian can no longer serve. This continuity of care helps maintain the stability and support necessary for the individual’s well-being.

A power of attorney and health care proxy are also essential parts of estate planning for families. These documents allow designated individuals to handle the loved one’s financial and healthcare matters if they cannot make these decisions independently.

Funding the Special Needs Trust

Funding a Special Needs Trust is one of the most critical steps in creating a secure financial foundation for a loved one with disabilities.

Parents and caregivers often use life insurance as a reliable funding source because it can provide a guaranteed sum to the trust upon the policyholder’s passing. By making the trust the recipient of a life insurance policy, families can make sure that funds are available to support their loved one in the future.

Families may choose to fund the trust with savings, investments, or other assets. These can include:

• Cash
• Stocks
• Bonds
• Other investments

When selecting these assets, it’s essential to consider both liquidity and growth potential to ensure the trust can cover expenses over the individual’s lifetime.

Choosing Trustees

Choosing the right trustee is one of the most important decisions in special needs estate planning.

Families may first consider a close family member as trustee. A family member, particularly someone already involved in the loved one’s life, may have a deep understanding of the individual’s preferences, needs, and daily routines. This familiarity can be beneficial, especially when making decisions about spending that directly impact the loved one’s quality of life.

Appointing a professional trustee, such as a financial institution or trust company, can be a smart option. Professional trustees are well-versed in trust administration, investment management, and public benefit rules, which is invaluable for maintaining compliance with benefit requirements. These institutions have extensive experience handling trusts and can provide stability and consistency in management.

Some families find that a co-trusteeship – where a family member and a professional trustee share responsibilities – offers a balanced solution. In this arrangement, the family member provides personal insights into the loved one’s needs, while the professional trustee handles financial management and compliance.

Choose The Right Disability Estate Planning Lawyer

A lawyer with expertise in disability estate planning can help families secure their financial future. Make sure you ask plenty of questions, to ensure you and your new lawyer are on the same page.

Another key factor is the attorney’s experience with guardianship and conservatorship arrangements. Some individuals with disabilities may need assistance with medical, financial, or daily decision-making, which requires a legal guardian or conservator. An experienced lawyer can guide families through the process of establishing these roles in a way that respects the individual’s rights and autonomy.

A disability estate planning lawyer should also demonstrate empathy and a commitment to the family’s unique goals. The planning process can be highly emotional, as it often requires making decisions about future care, financial security, and personal well-being.

A compassionate lawyer will take the time to understand the family’s values, preferences, and the specific needs of the individual. They should be willing to explain complex legal concepts in a way that’s easy to understand, empowering families to make informed choices.

Consider the attorney’s network of resources and connections within the disability community. A well-connected lawyer can provide referrals to other professionals, such as:

• Financial advisors
• Care coordinators
• Life planners

who may play an important role in supporting the individual with special needs.

Special Needs Estate Planning: Invest Today

There’s a lot that goes into special needs estate planning. Hopefully, this guide will get you set up for success.

Do you need help with financial planning for special needs? Rhodes Law Firm, PC has been helping families like yours protect your future for over 40 years.

Call us to learn more.

This article by success.com discusses the significant wealth transfer expected from baby boomers to younger generations, raising issues around inheritance planning.

The Great Wealth Transfer involves trillions moving from baby boomers to millennials and Gen Z, affecting the economy. Financial adviser Sofia Cianciulli emphasizes planning for tax-efficient wealth transfer. However, expectations often do not align with reality. Inheritance can create emotional tension within families, especially when wills are disputed.

Grief psychologist Bêne Otto advocates open conversations about wills to prevent misunderstandings. Cianciulli suggests including life insurance, debts, and asset distributions. Families can mitigate disputes by discussing everyone’s inheritance intentions. These conversations foster connection and clarity, easing the emotional burden during times of loss.

In 2022, over half of Americans had no kind of estate plan set up. That includes a will, a living trust, or a living will. Many of them could benefit from stating their wishes for their assets after they pass.

One of the key components of an estate plan is to find the best trustee. This trustee is the person in charge of your assets until the time you have designated they pass it on to the beneficiaries.

Here’s your “choosing a trustee” guide and how to find a trustee you can rely on.

1. Trustworthiness and Integrity

As the name implies, the first and most important trustee criteria is that they’re someone you trust. The person you choose will handle your assets on your behalf and act in the best interests of your beneficiaries. They need to be someone with integrity and strong ethical principles.

Some of your options for trustee include:

• Wealth management and trust company
• Friends or family
• Trust attorney

A wealth management and trust company provides access to finance professionals and accountants who can handle your assets. They do so with the assistance of attorneys that can help them follow the law. 

Alternatively, you can trust a friend or family member to hold onto your assets until the designated time. A person might utilize this option if they have savings they only want their child to access when they come of age.

You could also hire a trust attorney or lawyer as your trustee. They can be a reliable option if you only want them to watch over your savings. A lawyer won’t have as much experience with investment opportunities.

2. Financial and Legal Acumen

One of the main benefits of a trust is to provide financial security for your children. A well-crafted one can reduce family conflict and avoid probate.

Managing a trust requires more than just a sense of responsibility and dedication. The person you choose may also need to deal with complex financial and legal matters.

It’s best to choose someone with financial literacy and experience with finance and law. It’s even better if they are familiar with all of your investments and assets.

You’ll also want the trustee to have the common sense to reach out to experts when needed. This may mean consulting professionals to make more informed decisions. Provide the contact information for attorneys or accountants you’ve relied on in the past.

3. Availability and Commitment

A trustee’s responsibility can take up much of their time, especially right after they take on the role. It may involve regular reviews, communication with beneficiaries, and handling taxes and trust records. You wouldn’t want to force this role on someone who is already spending all their time on their job or some other commitment.

Ensure whoever you choose knows this is a long-term commitment. Friends and family may not understand how much they’ll need to shoulder after you’re gone.

It’s for this reason you may want to choose a company or attorney to handle something complex, such as your investment portfolio. Alternatively, include instructions for your trustee to reach out to professionals for certain tasks. 

4. Relationship with Beneficiaries

You may want to hire a trustee who has a pre-existing relationship with your beneficiaries. Their relationship can smooth over the power dynamic and allow for an easier transition. However, personal relationships can also complicate matters, especially with family members.

Consider your family and how they would respond to the passing on of your financial matters. Are they the kind to work together and respect your wishes? Or do you expect confrontation?

If you expect conflict, it may be best to choose a neutral third party to avoid emotional bias. Professional trustees provide an impartial approach and can remain objective in their decisions.

5. Understanding Your Wishes

Two of the main types of trusts include a living trust and an irrevocable trust.

A living trust, or revocable trust, is one you control while you’re alive. It’s often used as a substitute for a will.

An irrevocable trust is one you can’t change after you’ve set it up. This kind is a good option if you want to set something up for your children or grandchildren. It protects the trust from other adults until the beneficiaries are of age to access it. 

The revocable trust requires you to name someone else as the trustee. This person is who manages your assets. You won’t require a trustee with an irrevocable trust.

Your trustee must understand and respect your wishes when it comes to your trust. It’s especially important if your trust includes complex instructions or a wide variety of assets.

6. Costs and Fees

Hiring a trustee comes with its share of costs, especially when you hire a professional. Trustees are entitled to compensation for their time and effort. The fees paid to them will depend on the complexity of the trust, the level of involvement required, and their background.

Individual trustees, such as a friend or family member, may not charge you for their services. However, you wouldn’t normally leave them a complicated trust or one that requires heavy maintenance.

More complicated trusts will need professional help. As such, they’ll often charge you more for their services. In general, expect them to charge a percentage of the trust’s assets or a flat fee.

It’s important to speak with your attorney when you set up your trust so you can know your options.

How to Find a Trustee You Can Rely On

If you’re still wondering how to find a trustee in your area, follow these reliable trustee steps. Consult with your attorney, talk to your friends and family, and research a wealth management and trust company. It’s best to know your options before making a decision.

Rhodes Law Firm, PC, has over 30 years of experience with estate planning and everything related in the Augusta, GA and Aiken, SC areas. We offer two convenient locations, online education videos, and online workshops. Contact us for more information and with any questions you may have.