Being a single parent in Georgia means balancing a lot — from school pickups to work schedules. It’s no surprise that estate planning often gets delayed. But taking time now to put a plan in place is one of the most effective ways to protect your child’s future.
Estate planning for single parents is especially important because you’re the sole decision-maker for your child. Here’s what every single parent in Georgia should know about wills, trusts, guardianship, and more.
Wills: Securing Your Wishes for Your Children
A will is the foundation of any good estate plan, especially for single parents. In your will, you:
- – Designate a guardian for your minor children
- – Appoint an executor to handle your estate
- – Direct how your property should be distributed
Without a valid will in Georgia, your estate will pass according to the state’s intestacy laws. That could mean your assets go to relatives you wouldn’t have chosen or that a court appoints a guardian for your children without your input.
Creating a will in Georgia with a legal professional helps ensure your wishes are respected and your children are protected. By working with an experienced estate planning attorney in Atlanta or Alpharetta, you can create a will that ensures your child is raised by someone you trust — not chosen by the court.
Trusts: Protecting Assets and Providing Stability
A trust can be one of the smartest tools for single parents. In a trust, you place money, real estate, or other assets under the management of a trustee — someone you choose — who administers the assets according to instructions you provide.
Trusts are powerful because:
- – They allow your child to access funds gradually, depending on when you want them to receive the money, rather than having your child receive a lump sum at age 18
- – They can protect assets from creditors or financial mismanagement
- – They avoid probate delays and reduce court involvement
For example, you could set up a trust that provides monthly support for your children’s living expenses, educational costs, and healthcare needs until adulthood — then distribute the remaining balance of the trust later, if there are any funds remaining in the trust.
At Hampton & Hampton LLP an Atlanta or Alpharetta estate planning lawyer can help you design a trust that fits your unique family situation and goals.
Guardianship: Choosing the Right Person to Care for Your Children
Naming a guardian may be the most emotional — but also the most critical — part of your estate plan. A guardian is the person who will step in to raise your child, if you pass away when your child is under the age of 18.
When selecting a guardian, think about:
- – Their parenting style and values
- – Their ability to provide a stable, loving home
- – Their relationship with your child
- – Practical factors like location and financial stability
You should also name a backup guardian; in case your first choice is unable or unwilling to serve when the time comes.
Without a named guardian, Georgia courts make the decision — which can lead to family conflict or outcomes that don’t reflect your values. An estate planning attorney can help you clearly document your choice as part of your plan.
Georgia-Specific Considerations for Single Parents
Estate planning laws vary from state to state, and Georgia has some unique rules that single parents need to keep in mind:
Georgia Estate Planning
What Single Parents Need to know
Probate Process:
Georgia requires most estates to go through probate. Having a properly executed will or trust can make this process faster and easier for your loved ones. Our knowledgeable Atlanta probate attorneys and Alpharetta probate lawyers at Hampton and Hampton LLP can assist with probate court filings and procedures if needed. A trusted Georgia probate attorney can support your family with court filings and legal requirements during this emotional time.
Advance Directive for Healthcare:
Georgia combines healthcare power of attorney and a living will into one document. This Advance Directive allows you to appoint someone to make medical decisions for you if you become incapacitated — protecting your child’s well-being if you can’t advocate for yourself.
Financial Power of Attorney:
Naming a trusted person to handle your financial matters ensures that your children’s daily needs — like paying the mortgage, medical expenses, and other bills — will continue to be met if you’re unable to manage your own affairs.
Minor Guardianship Considerations:
In Georgia, a separate legal action can be necessary to establish guardianship rights. It’s another reason estate planning for single parents should be done with professional guidance. By carefully planning now, you can ease this process for your loved ones if the need arises later.
By working with an experienced estate planning attorney in Atlanta, you can ensure your plan complies with Georgia law and truly serves your child’s best interests.
How Our Georgia Estate Planning Attorneys Support Single Parents
Estate planning can feel overwhelming, especially when you’re doing it all on your own. At Hampton & Hampton LLP, we make the process clear, supportive, and tailored to your family’s needs.
Our Atlanta and Alpharetta estate planning attorneys can help you:
- – Draft a customized will
- – Set up a trust to protect your child’s inheritance.
- – Choose a guardian you trust
- – Plan ahead with healthcare and financial documents.
Your child’s future deserves more than guesswork. Take the first step, contact us today.