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Final Disposition Documents

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  What Is Estate Planning?

A person’s estate consists of all of their property, including:

• Personal items;
• Bank accounts;
• Real estate;
• Stocks and securities; and
• Other such assets.

When you die, an estate plan provides information and instructions regarding how you wish for your property to be managed and distributed. Although you may generally associate estate planning with the wealthy or the elderly, nearly everyone can benefit from having a comprehensive estate plan in place for when they die.

A well-developed estate plan can have multiple benefits. An example of this would be how a clear plan can minimize your loved one’s tax burden, as well as the need for probate court proceedings. Most people associate estate planning with wills and trusts; however, estate planning can also address other issues, such as:

• How you are to receive medical treatment if you become incapacitated;
• Organ donation preferences;
• Who can make legal and financial decisions on your behalf, should you become incapacitated;
• Who will care for your minor children when you die, or become incapicitated;
• Who will take over your business interests, should you have any; and
• Your funeral arrangements and preferences, including information regarding any prepaid arrangements you have made during your lifetime.

If you do not create an estate plan for yourself, your estate will be distributed according to your state’s specific intestate succession laws . These laws can vary widely from state to state, and can sometimes result in property distributions that are not in line with what you may have wanted. This is one of the many reasons why it is important to provide an estate plan for yourself.

Your estate planning lawyer can help you draft a will, trust, power of attorney, or other necessary documents. These will all work together to help protect your assets, as well as distribute them according to your wishes.

While all estate plans will be different according to the needs of the estate’s owner, here are some of the general elements of a successful plan:

• Your Family Understands Your Wishes: You should always inform your family and other stakeholders of your estate plan, as well as any recent changes that have been made to it. This will help minimize legal disputes, as well as help ensure that your plan is executed according to your wishes;
• Your Estate Plan Clearly States Your Wishes: One of the biggest disputes associated with a person’s estate is that the documents contain vague or unclear language, causing the beneficiaries and executor to debate over the estate owner’s true intentions. If your will or other estate documents are vague, they may cause unnecessary disputes that could require court intervention to resolve;
• You Have A Will: A will is a fundamental element of any strong estate plan because it transfers your property to your named beneficiaries, and also appoints a legal guardian for your minor children. Many people begin their estate planning with a will;
• You Have Healthcare Directives: It is important for you to have a document which addresses your end-of-life medical treatment, as well as other important medical decisions; and
• You Have A Financial Power Of Attorney: If you become incapacitated, a trusted family member or friend will make your important legal and financial decisions for you. If you do not appoint a specific person to this role through your estate planning documents, someone that you do not want may be placed in the role.

An attorney can help you organize your estate, which can make it easier for your loved ones to identify your holdings and distribute them according to your wishes. Above all else, an attorney can answer any of your questions and help you determine what is important for your specific estate plan.

What Is A Final Disposition Document?

What should be included in a final disposition document what happens if there is no final disposition document, what are some of the factors to consider when choosing an estate plan, do i need an attorney for help with final disposition documents.

A final disposition document is what details a person’s funeral arrangements, as well as what they wish to have done with their body when they die. This is an essential estate planning tool that can be provided to loved ones, who may be facing complicated choices.

It is important to note that a final disposition document should not be put in a will document, as a will document may not always be readily available. Rather, the final disposition document should be given to someone, or placed where it can be easily and quickly accessed.

In a final disposition document, you should detail all of the necessary items that would help your loved ones meet your wishes. Some general examples of such information include, but may not be limited to:

• Name of the funeral home you have previously arranged with, or would prefer, if applicable;
• Type of casket you have chosen or prepaid for, if applicable;
• Desire to be embalmed, or other means of alternative burial, such as natural burial or open air cremation when allowed by the state;
• Details of the funeral ceremony, such as what songs should be played or avoided;
• Whether remains should be buried, scattered, or divided amongst named loved ones; and/or
• How the remains should be transported, if applicable.

In the absence of a final disposition document, state law will determine who decides how the remains will be handled. In general, the order is as follows:

• Next of kin; or
• Public administrator.

Your specific estate plan will vary, depending on various factors. Examples of such factors include:

• Your state’s estate laws ;
• Your life stage;
• Your financial assets;
• Your family situation; and
• Long-term goals.

An example of this would be how your estate plan may depend on whether you are:

• A Young, Single Person: You might not need an estate plan unless you are considerably wealthy, or have a serious illness;
• Unmarried, But Have A Committed Partner: Estate planning is a necessity as without a will or trust, your unmarried partner will not receive any of your property when you die;
• A Couple With A Small Child: You should choose an estate plan that appoints a legal guardian for your child. This plan should ensure their physical, emotional, and financial welfare. Additionally, you might consider purchasing a life insurance plan in order to protect your spouse and child;
• Middle-Aged: As your income and assets grow over time, you will want an estate plan that helps your survivors avoid probate. An example of this would be how you might consider placing certain property items in a revocable trust, or converting your bank accounts to payable on death ;
• The Parent Of A Disabled Child: Your estate plan should contain a special needs trust , which can provide for your disabled child without disrupting their other benefits; or
• Elderly Or Ill: Your estate plan should focus on issues such as the division of your property, avoiding probate, and minimizing estate taxes . You also should consider designating a health care proxy which allows someone to make your health care decisions for you if you become incapacitated.

As your circumstances evolve over time, you may need to modify your estate plan. An example of this would be how you might need to make changes to your will if you move to a state that has different legal requirements. Otherwise, it might be considered invalid. Additionally, you should update your estate plan if you have another child, divorce, or marry.

If you are creating your estate plan and wish to include a final disposition document, you should consult with an experienced and local estate lawyer .

An attorney can help you determine what your needs are and how to address those needs according to your state’s specific estate laws. Additionally, an estate attorney can also represent you in court, as needed, should any disputes arise regarding your estate while you are alive.

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The Fraud and Abuse Control Information System (FACIS®) screens the sanction, exclusion, debarment, and disciplinary history of healthcare workers.

Q: What does FACIS® mean?

Q: Can I run FACIS® on my employees on an ongoing basis?

Did you know

Being an employer in any healthcare related field requires exceptional due diligence when it comes to your risk mitigation program. The health and safety of countless patients or clients depends upon you employing trustworthy individuals. By processing a FACIS® screening on your employees at the beginning of their employment as well as throughout their tenure, you are ensuring that your clients and patients are in the very best hands.

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Employers in the health care industry and/or those that hire healthcare professionals. Though both FACIS® levels meet federal requirements for healthcare-related screening, Level 3 is recommended because some states have screening requirements that exceed those of the federal government.

FACIS® search reports sanctions related to more than 50 types of healthcare professionals, including but not limited to:

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Level 1M This search contains all federal FACIS sources, as well as all state-level Federal Health care Entitlement Program data. This meets and exceeds the minimum OIG recommendation for screening and monitoring of heath care individuals and entitles and includes but it not limited to DHHS-OIG, SAM, GSA, FDA, Tricare, Medicare Opt-Out, 42 HEAT sources and 51 AG Notice and Release sources, 36 State-specific debarment lists and 38 state-specific exclusion lists.

Level 3 The most comprehensive search available, Level 3 queries in excess of 3,000 source agencies, including all federal agencies included in a Level 1 search plus licensing board and state Medicaid board information from all 50 states, where available. Organizations can significantly decrease their risk of being sanctioned and/or receiving monetary penalties at both the state and federal level.

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Q: What does FACIS® mean? A: FACIS® is the Fraud & Abuse Control Information System. It is a database that consists of records of sanctions and adverse actions taken in the healthcare field.

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Disposition of Final Remains: Save your Loved Ones Headache & Ambiguity

One major way we can show our loved ones how much we care about them is by making our wishes known for when we’re no longer there to tell them. Estate planning is one of the best ways to do that, especially concerning wishes regarding what’s to be done with the physical body after death. One of the six main documents a part of any estate plan is called the “ disposition of final remains. ” In this document, you can detail how you want your body to be treated after you pass away, along with any ceremonial aspects. You may be as specific or as general as you wish.

Estate Planning: On Valentine’s Day Skip the Heart Box & Go for Secure Storage

If you’ve ever had someone close to you die and have been tasked with making arrangements for the wake, funeral, and burial or cremation (or otherwise), you know it can be difficult. Not only are you dealing with heartache and grief of losing that loved one, but now you’re also dealing with the organizational aspects of death. If you die without an estate plan, and without clear instructions in a disposition of final remains document, you’ll be leaving your loved ones with a headache on top of the inevitable heartache. The ambiguity surrounding final remains can lead to fighting between family members if they disagree over what would be best. That’s why taking the time to think through your final services is a wonderful gift and a great way to show your loved ones how much you care.

Let’s go through some of the basics related to this important, valuable document.

What Does “Final Disposition” Mean Anyway?

Final disposition sounds, well, conclusive. Indeed, this is about what you ultimately want to be done with your physical body following death and can include burial (sometimes referred to interment), cremation, removal from the state (if you want to be buried in a different state), and other types of disposition. You may also detail if you wish, a funeral or other type of ceremony (maybe even a party ) to be held. If you’ve purchased a burial plot or want to be laid to rest in the family mausoleum, you would include those details here.

Choose a Designee

In the disposition of final remains document, you can designate one or multiple adults to assume responsibility for carrying out your wishes, similar to how you designate an executor to carry out the wishes as written in your will. Your designee (or designees) can be whomever you choose, just be sure to speak with them to make certain they are comfortable and accepting of the role.

Show Your Kids You Love ‘Em with a Testamentary Trust

Of course, the designee must be a competent adult. The Act also allows for alternate designees to be named in the event the primary designee is unable to act. The Declaration is not allowed to include directives for final disposition of remains and arrangements for ceremonies planned after death.

If something were to happen to you without a disposition of final remains document in place, the surviving spouse (if there is one) assumes the role as designee. If there is no surviving spouse, then the designee role passes to any surviving children. If there are no surviving children then the role would pass to the parents of the decedent, then grandchildren, surviving siblings, and finally surviving grandparents.

Can I Change My Mind?

Your wishes may change over time and that’s OK because the disposition of final remains is revocable. That means you can change your designee if one becomes unable or unwilling. (Regardless of whether or not you want to amend your disposition of final remains document, you should review your estate plan annually  to see if any major life events require updates.)

Choose your Final Resting Place & Maybe Plan a Party

How do I Start?

Because the disposition of final remains document is a key part of your estate plan, it’s best to get started with my free Estate Plan Questionnaire . Questions or want to discuss your personal situation?  Contact me  at any time via  email or phone (515-371-6077).

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Welcome to the DeKalb Superior Court Criminal Department

NEW:   ORDER IMPLEMENTING ELECTRONIC-FILING FOR CRIMINAL CASES

eFiling of Criminal Pleadings is now available.  To setup your eFileGA account and electronically file your criminal pleadings case, please go to  https://efilega.tylertech.cloud/OfsEfsp/ui/landing

The  Self Help  section contains  Training Videos ,  FAQs ,  User guides , Self Service and  Web Training Sessions  to help make the eFiling process easier.

Subsequent filings can be eFiled from the Clerk of Superior Court's Office using PAT (Public Access Terminal). PAT's are available Monday thru Friday, 8:30AM to 5:00PM.

eFiling Instructions

**READ ALL INSTRUCTIONS BELOW TO MINIMIZE THE CHANCE OF YOUR FILING BEING REJECTED: **

Proposed Orders must be submitted to the Clerk of Court in both Word and PDF file format through eFileGA.  Filer must use the "Proposed Order" filing code.  

If you have exhibits to pleadings, the exhibits should be part of the lead document. If filing exhibits separately, include a notice of filing (filing code "Notice of Filing") as the first pleading, and then use the filing code "Exhibit" for each exhibit cited in the notice of filing.  

For Court Reporters: If filing exhibits as part of a transcript, please include a standard transcript cover page with corresponding case number, defendant and court reporter credintials and use the filing code "TRANSCRIPT EXHIBITS."

Use a separate filing code for ALL Original Signed Pleadings. We provide a comprehensive list of filing codes for you to select from. If you are unable to find a code that matches your pleading, please call one of our direct support numbers for assistance (404) 371-3267 or 404-371-2701 or (404) 371-4776 or (404) 687-3874 .

The following forms and pleadings also require a separate filing code:  Proposed Order.

• The filing code does not match the document. See the filing code section for instructions.
• This Case cannot be eFiled. See the Mandatory eFile Order for Case Type Restrictions.
• Exhibit(s) filed incorrectly.  Go to Exhibits section for instructions.
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• Use a separate filing code for each document. See the Filing code section for instructions.
• Illegible/Improper document format.  See the Mandatory eFile Order for instructions.

If you have questions about the Criminal eFiling process, please contact one of our direct support numbers for assistance (404) 371-4199 or (404)-371-6297 or (404) 687-2701 .

File by Mail Instructions

Mail Criminal Filings to:

DeKalb County Superior Court Clerk

Ground Floor, Attn: Criminal Filing

556 N. McDonough Street

Decatur, GA 30030

* Please include a self-addressed return stamped envelope.

* Filings should include the original and copies to be returned.

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* For documents filed prior to 2010, please visit the Archives page . 

• Defendant’s full name
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• Certified copies are $2.50 for the certification and $0.50 for each additional page
• Plain copies are $1.00 per page

Documents can be accessed via  Odyssey Portal .  You can check Portal to locate your case number and to determine which documents you may need copies of.  You do not need an account to simply see the case and events.  However, if you would like to see the actual document, you need to register for an account and request access to view documents.  You can also purchase/view documents (the first page is visible for free) from Portal.

Certified documents can be accessed via  eCertification Portal . You will create an account and submit a request. The Clerk's Office will review your request and if possible, submit your certified documents via the eCertification Portal. You will have six (6) days to pay for the documents. If you do not pay for the documents within the six (6) days, your request will be automatically rejected and you will need to resubmit your request. 

Change of Address Process

It is the defendant’s responsibility to notify the court in writing of any change of address. Sureties and attorneys are also responsible for notifying the court in writing of any change of address. Failure to do so could result in not receiving notification of a court date change, which could result in a bench warrant and/or license suspension being issued for failure to appear.

To change your mailing address on your current criminal case: download, complete, print, sign and date a   Change of Address Form .

You can eFile your Change of Address form with a copy of your state issued identification. Or, you can e-mail the completed and signed form, in .pdf or word format (only), along with a copy of your current state issued identification (driver's license or state I.D.) to   [email protected] .

NOTE: You must send the Change of Address Form as a .pdf or word document .

DO NOT SEND A PHOTO OF THE CHANGE OF ADDRESS FORM.  PHOTOS OF THE FORM ARE NOT READABLE WILL NOT BE PROCESSED. FAILURE TO INCLUDE A COPY OF YOUR STATE ID WILL DELAY THE CHANGE OF ADDRESS PROCESS.  Photo of your I.D. is acceptable.

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Criminal Subpoenas  - No Charge Certified Copies of Documents are $2.50 for the first page, $.50 for each additional page.

Regular copies are $1.00 per page.

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Certified copies of a Superior Court Final Disposition can be picked up in person at the Clerk's Office, on the ground floor of the DeKalb County Courthouse. Final dispositions are available and entered within 24 hours of the hearing date.

Certified copies are $2.50 for the first page, $.50 for each additional page. Regular copies are $1.00 per page. We accept credit cards*, cash, money orders and in some cases business checks made payable to the Clerk of Superior Court.

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