Mistakes Marietta Parents Make with DIY Wills and Trusts

Custody and College Costs: Planning Ahead in Georgia Divorces Planning for college should not wait until your child is filling out applications. When parents are going through a divorce, big-money topics like tuition and housing often get pushed aside because the focus is on child support, parenting time, and keeping life stable right now. Then years pass, college bills show up, and everyone scrambles. Many Georgia parents think they will just talk about it later. Later can turn into stressful fights, last‑minute loans, or one parent feeling stuck paying more than they expected. At McGinn Law, we see how much smoother things go when college plans are part of the original custody and divorce talks. Planning for College Costs During Custody Talks When you are working through a divorce, it is easy to see college as a “future problem.” Your child might still be in elementary or middle school. College feels far away, and you are focused on getting through today. But this is the exact time when putting clear plans on paper helps most. Without a plan, parents often run into issues such as: • Disagreement over whether the child will attend a public or private college • Arguments about who pays for housing, meal plans, or books • One parent feeling surprised by big bills and refusing to help Talking about college now does not mean you must know the exact school or total cost. It means deciding how your family will handle those choices when the time comes. With guidance from family law attorneys in Marietta, GA, parents can set expectations, reduce future fights, and put their child’s education first. How Georgia Law Treats College Expenses After Divorce Georgia law treats college costs differently from regular child support. Child support is required under state guidelines when parents live apart. College expenses, on the other hand, are not something the court will automatically order. Here are some key points to understand: • Georgia courts generally cannot force a parent to pay college costs unless the parents agree to it in writing • Any promise to help with college is usually part of a settlement agreement or parenting plan • If there is no clear agreement, each parent’s responsibility for college bills is open to argument later This is why written agreements are so important. If your divorce documents are silent about tuition, housing, or other costs, there is no clear rule about who pays what. When acceptance letters arrive, that gap can create stress for everyone, including your child. Building College Costs Into Your Parenting Plan A parenting plan is not only about weekends and holidays. It can also include how your family will handle college. Parents can choose different ways to divide the costs, such as: • A fixed percentage for each parent, like 60/40 or 50/50 • Contributions based on income at the time the child goes to college • A cap tied to the cost of in‑state public colleges in Georgia It also helps to list which expenses count as “college costs.” That might include: • Tuition and mandatory fees • Room and board or off‑campus rent • Meal plans, books, laptops, and lab fees • Travel home for holidays or breaks • Study abroad or special programs, if both parents agree You can also plan how the money will be paid. Will parents pay the school directly? Will funds go into an account in the child’s name? A family lawyer in Marietta can help you use flexible language that adjusts for scholarships, changes in income, or choices like starting at a community college and then transferring. Smart Strategies for Savings, 529 Plans, and Financial Aid Many parents already have some savings for their child, such as a 529 plan or a custodial account. During divorce, it is important to decide: • Who will own and control each college savings account • How withdrawals will be made and for what types of expenses • Whether both parents must agree before using funds Financial aid is another piece of the puzzle. Federal financial aid forms, like the FAFSA, look at one parent’s income and sometimes the stepparent in that household. Your custody and support setup can affect: • Which parent’s income and assets are reported • How much need‑based aid your child may receive • Whether it makes sense to adjust who is listed as the primary residential parent As kids move into their junior and senior year of high school, new costs pop up: test prep, application fees, campus visits, and deposits. Parents can plan ahead by deciding who will: • Pay for test registration and prep classes • Cover travel expenses for college visits • Handle application and housing deposits Getting these details into your agreement can prevent last‑minute conflict at an already stressful time. Coordinating Custody Schedules with College Realities Custody is not only about where a child sleeps when they are young. It also shapes how big education decisions are made when they get older. Legal custody covers who helps make major choices about schooling, like which college to attend or whether to take a gap year. Your parenting plan can address questions such as: • Do both parents need to agree on the final college choice? • Who will receive grade reports, financial aid information, and billing statements? • How will parents communicate about problems, like academic or health issues, while the child is away? When a child leaves for college, parenting time also shifts. The schedule you set for a 10‑year‑old will not fit a college student living in a dorm. You may want to talk about: • How holidays and long weekends will be shared • Summer schedules when the student returns home • Who pays for travel if the school is out of state or far from Marietta Clear communication clauses can help your young adult feel supported, not stuck in the middle. Many families include expectations for regular contact, such as video calls or visits, while respecting that college is also a step toward independence. When to Talk With Family Law Attorneys in Marietta, GA It is never too early to start thinking about college in your custody and divorce plans. Parents who are separating, or who already have a custody order with kids in middle or high school, often benefit from reviewing their documents with family law attorneys in Marietta, GA. Legal guidance is especially helpful when: • Parents have very different incomes • There are blended families or multiple children close in age • A child has special needs that may affect timelines or supports in college • Parents disagree about public versus private schools or out‑of‑state options A thoughtful review can help update older orders, add college language where it is missing, and make sure expectations are fair on both sides. At McGinn Law, we focus on keeping the child’s educational goals at the center while building clear, realistic plans that work over time. Protecting Your Child’s Future with Thoughtful Planning Now College should be an exciting step, not a source of fresh conflict between parents. When you address college costs and responsibilities during custody talks, you give your child a better chance at a smoother path ahead. Instead of arguing at the last minute, you have a plan you both agreed on when things were calmer. Planning ahead does not lock you into every detail. It gives your family a framework to handle big choices as your child grows. By taking the time now to talk through college expectations, savings, financial aid, and future schedules, you can reduce stress later and keep the focus where it belongs: on your child’s future. Take Confident Next Steps For Your Family’s Future If you are facing a difficult family issue, our team at McGinn Law is ready to listen and guide you toward a practical, long-term solution. Our experienced family law attorneys in Marietta, GA can help you understand your options and protect what matters most. Reach out today to discuss your situation in a confidential consultation, or contact us to schedule a time that works for you.

What Does The First Estate Planning Consultation With You Look Like? The first estate planning consultation involves explaining the process of constructing a will, including the roles of executors and beneficiaries and how Georgia probate law functions. The discussion also covers the distinction between having a will and lacking one, which results in an intestate petition. Terry explains the mechanics of transferring assets according to the client's wishes rather than leaving decisions to the court. Additionally, the consultation includes an overview of an advanced directive for healthcare and a durable power of attorney for financial matters, covering end-of-life care and financial decisions if the client becomes incapacitated. What Problems Can Arise If Basic Information Like Legal Names And Dates Of Birth Aren't Clear From The Start? Inaccurate or incomplete information can lead to significant issues. For example, if a beneficiary is inadvertently omitted from a will, it can cause delays and complicate the administration process. In Georgia, if someone left out of the will is an heir, they may file an objection, potentially doubling or tripling the time required to resolve the estate. Additionally, if a person is intentionally excluded, they might challenge the will, leading to possible litigation and the need for a court to review the estate's administration. What Is An Heir, And How Is It Different From A Beneficiary? An heir is a blood relative of the deceased, such as children or grandchildren, and may or may not be listed in the will as a beneficiary. Beneficiaries are individuals designated to receive assets, and they can be heirs or unrelated individuals, like friends or distant relatives. Heirs have the legal right to challenge the estate if they are omitted or disagree with their share, whereas beneficiaries are specifically named to receive benefits from the estate. When asking about family details, what are you trying to map out? Understanding family dynamics is crucial in estate planning. This involves identifying who the legal heirs are, including biological and adopted children, and determining their rights under Georgia law. Adopted children are considered legal heirs with the same rights as biological children. Stepchildren, while treated similarly to biological children for inheritance purposes, must be explicitly included as beneficiaries if they are to receive assets. What Decisions Do Parents Need To Make About Guardianship For Young Children? Parents should establish a testamentary irrevocable trust in their will to provide for minor children if both parents pass away. This  trust takes care of the children's needs until they reach adulthood. Parents must appoint a guardian responsible for raising the children and a trustee to manage the funds for their care. It's often recommended that the guardian and trustee roles are held by the same person to minimize potential conflicts. However, both roles come with legal responsibilities, and individuals should be informed of their liabilities . What Factors Require The Most Thought When Choosing An Executor And Settling Trust Payouts? Decisions about when beneficiaries receive their inheritance require careful consideration. Parents may set a specific age, such as 25, when their children can access their inheritance, allowing them to mature beyond the age of 18. For minors, trusts can specify staggered payouts, ensuring financial support is available as they grow older. Executors also play a crucial role in managing the estate, and it’s important to choose someone who can responsibly handle these duties.