Augusta, Georgia, is a delightful blend of tradition and innovation, offering residents a harmonious balance between rich history and vibrant modern living. Known fondly as the ‘Garden City of the South,’ Augusta's natural beauty is matched by its warm hospitality and inviting community spirit. It's a city that charms you with its classic Southern appeal yet surprises you with its contemporary energy.
Living in Augusta means stepping into a community where cultural experiences await at every corner. With the world-renowned Masters Tournament hosted here annually, golf enthusiasts find themselves in a paradise of lush fairways and pristine greens. But golf is just the start. The city’s thriving arts scene is showcased through the Morris Museum of Art and events like the lively First Friday street festivals, where local artists and performers bring the Riverwalk area to life.
For families and professionals alike, Augusta offers a landscape of opportunity. Home to top-notch educational institutions and a growing tech sector, the city promises avenues for career growth and lifelong learning. As you stroll along the Savannah River or enjoy an afternoon in one of its many charming parks, it’s clear that Augusta is not just a...
Augusta
4 | HelloAugusta, Georgia • Winter Issue
Augusta: A Southern Gem with Modern Flair
Augusta, Georgia, is a delightful blend of tradition and innovation, offering residents a harmonious balance between rich history and vibrant modern living. Known fondly as the ‘Garden City of the South,’ Augusta's natural beauty is matched by its warm hospitality and inviting community spirit. It's a city that charms you with its classic Southern appeal yet surprises you with its contemporary energy.
Living in Augusta means stepping into a community where cultural experiences await at every corner. With the world-renowned Masters Tournament hosted here annually, golf enthusiasts find themselves in a paradise of lush fairways and pristine greens. But golf is just the start. The city’s thriving arts scene is showcased through the Morris Museum of Art and events like the lively First Friday street festivals, where local artists and performers bring the Riverwalk area to life.
For families and professionals alike, Augusta offers a landscape of opportunity. Home to top-notch educational institutions and a growing tech sector, the city promises avenues for career growth and lifelong learning. As you stroll along the Savannah River or enjoy an afternoon in one of its many charming parks, it’s clear that Augusta is not just a place to live but a community in which to thrive and create memories.
Hello Augusta, Georgia • Winter Issue |5
Augusta
What Most People Get Wrong About Wills
The term “last will and testament” carries an aura of finality, yet many individuals mistakenly believe that a simple will constitutes a complete estate plan. In truth, a will only governs a portion of what may be required for orderly asset distribution and decision-making in the event of incapacity.
Without incorporating additional legal instruments, such as durable powers of attorney, healthcare directives, and various forms of trusts, the estate plan remains vulnerable to significant gaps.A will is primarily designed to direct the transfer of specific assets after death. It can name
6 | HelloAugusta, Georgia • Winter Issue
What Most People Get Wrong About Wills
The term “last will and testament” carries an aura of finality, yet many individuals mistakenly believe that a simple will constitutes a complete estate plan. In truth, a will only governs a portion of what may be required for orderly asset distribution and decision-making in the event of incapacity. Without incorporating additional legal instruments, such as durable powers of attorney, healthcare directives, and various forms of trusts, the estate plan remains vulnerable to significant gaps. A will is primarily designed to direct the transfer of specific assets after death. It can name guardians for minor children and designate personal representatives, but it does not avoid probate court, nor does it allow for privacy regarding asset distribution. Moreover, it becomes effective only upon death, offering no guidance in situations involving temporary or long-term incapacity. A well-crafted estate plan must consider not only death, but the real possibility of physical or cognitive decline before that point. The role of a durable power of attorney, for example, is to authorize a trusted agent to manage financial affairs during one’s lifetime, particularly during periods of incapacity. This document prevents the need for court-appointed conservatorships, which can be time-consuming and expensive. Similarly, a healthcare directive appoints an individual to make medical decisions on one’s behalf, often including preferences regarding end-of-life care. These elements ensure that a person’s wishes are honored even when they cannot speak for themselves. Trusts also play a significant role, especially when managing assets for minor children, avoiding probate for certain properties, or addressing concerns related to blended families or beneficiaries with special needs. A revocable living trust, for instance, can provide continuity in asset management, help avoid the delays of probate, and maintain privacy. It is particularly useful in complex estates or for those who own property in multiple states. Relying exclusively on a will leaves many variables unaddressed. Estate planning should be understood as a layered process, requiring coordination among multiple documents, each serving a distinct and necessary function. While a simple will may appear sufficient on the surface, it rarely accounts for the unpredictability of real life or the administrative demands placed on family members during a crisis.
JOHN A. DONSBACH
must consider not only death, but the real possibility of physical or cognitive decline before that point.The role of a durable power of attorney, for example, is to authorize a trusted agent to manage financial affairs during one’s lifetime, particularly during periods of incapacity. This document prevents the need for court-appointed conservatorships, which can be time-consuming and expensive. Similarly, a healthcare directive appoints an individual to make medical decisions on one’s behalf, often including preferences regarding end-of-life care. These elements ensure that a person’s wishes are honored even when they cannot...
guardians for minor children and designate personal representatives, but it does not avoid probate court, nor does it allow for privacy regarding asset distribution. Moreover, it becomes effective only upon death, offering no guidance in situations involving temporary or long-term incapacity. A well-crafted estate plan
A well-crafted estate plan must consider not only death, but the real possibility of physical or cognitive decline before that point.
About the Author
JOHN A. DONSBACH is a seasoned attorney with a strong background in business and real estate law. As a founding partner of Donsbach Lewis LLC, he is dedicated to providing clients with strategic solutions in complex legal matters, particularly in corporate transactions and property disputes.
John Donsbach, owner and co-founder of Donsbach Lewis LLC, brings over two decades of legal expertise, specializing in litigation, business law, and real estate. His commitment to client advocacy and ...
HelloAugusta, Georgia • Winter Issue |7
Featured Story
Tips to Avoid Probate Pitfalls
The probate process, while structured to facilitate the lawful transfer of assets, often becomes a source of undue delay and expense. When a decedent’s estate lacks proper preparation, probate can extend well beyond what most families anticipate, introducing administrative burdens at an already strained
time. The key to avoiding such complications lies in proactive legal and financial organization during one’s lifetime.One of the most common oversights involves asset titling. Joint ownership arrangements, such as joint tenancy with rights of survivorship, often allow property to pass directly to
8 | HelloAugusta, Georgia • Winter Issue
Tips to Avoid Probate Pitfalls
The probate process, while structured to facilitate the lawful transfer of assets, often becomes a source of undue delay and expense. When a decedent’s estate lacks proper preparation, probate can extend well beyond what most families anticipate, introducing administrative burdens at an already strained time. The key to avoiding such complications lies in proactive legal and financial organization during one’s lifetime. One of the most common oversights involves asset titling. Joint ownership arrangements, such as joint tenancy with rights of survivorship, often allow property to pass directly to the surviving co-owner without court intervention. However, inconsistency in how titles are recorded can result in assets inadvertently entering probate. Regularly reviewing how property deeds, bank accounts, and investment holdings are titled is essential to prevent unintended consequences. Designating beneficiaries on financial accounts—such as life insurance policies, retirement plans, and payable-on-death (POD) or transfer-on-death (TOD) accounts—can also streamline the transfer of assets outside the probate court. These designations should be examined periodically to confirm they remain accurate and aligned with the individual’s overall estate intentions. Failing to update beneficiaries after life events such as divorce or the death of a named individual may unintentionally reroute significant assets. Another effective mechanism for avoiding probate involves the use of trusts. A revocable living trust, in particular, permits assets to be managed and distributed according to specific instructions without the need for probate. This approach also provides continuity in case of incapacity and allows for more discreet handling of estate matters, as trust administration occurs privately. Properly funding the trust—that is, transferring assets into its name during the grantor’s lifetime—is a critical step that is frequently overlooked. Finally, attention to detail in smaller matters, such as keeping digital records of estate documents, informing fiduciaries of their roles, and securing copies in accessible yet secure locations, contributes meaningfully to an orderly estate administration. While probate is not inherently problematic, the goal of any thoughtful estate plan should be to reduce reliance on the court system wherever lawful and practical.
Scott Lewis
on financial accounts—such as life insurance policies, retirement plans, and payable-on-death (POD) or transfer-on-death (TOD) accounts—can also streamline the transfer of assets outside the probate court. These designations should be examined periodically to confirm they remain accurate and aligned with the individual’s overall estate intentions. Failing to update beneficiaries after life events such as divorce or the death of a named individual may unintentionally reroute significant assets.Another effective mechanism for avoiding probate involves the use of trusts. A revocable living trust, in particular, permits assets to be...
the surviving co-owner without court intervention. However, inconsistency in how titles are recorded can result in assets inadvertently entering probate. Regularly reviewing how property deeds, bank accounts, and investment holdings are titled is essential to prevent unintended consequences.
Failing to update beneficiaries after life events such as divorce or the death of a named individual may unintentionally reroute sig...
About the Author
Scott Lewis is a seasoned attorney with a strong background in business and real estate law. As a founding partner of Donsbach Lewis LLC, he is dedicated to providing clients with strategic solutions in complex legal matters, particularly in corporate transactions and property disputes.
John Donsbach, owner and co-founder of Donsbach Lewis LLC, brings over two decades of legal expertise, specializing in litigation, business law, and real estate. His commitment to client advocacy and tailored
