A Last Will and Testament (more commonly known as a Will) is document that states your final wishes and tells people what to do with your possessions. While making a Last Will and Testament seems easy, if certain rules are not followed, it may do more harm than good.
- A Will does allow you to direct how you want to be buried or cremated. Some people have elaborate and specific wishes. Some people want very little fanfare and have already pre-paid for their plans. In either case, if you have an inclination, letting people know is important.
- A Will does allow you to make specific gifts, exclude people, include people or organizations, and state how you want your possessions distributed. You can disinherit spouses, children, family members, and include friends, charities, or organizations as beneficiaries.
- A Will does not avoid probate (the legal process through the courts of dealing with your estate). While you can direct how you want your body to be treated and where you want your possessions to go, a Will still requires the court appointment of an Executor and a legal process.
- A Will does allow you to name guardians and conservators for minor children. You can also create testamentary (effective at your death) trusts for assets to make sure your children do not inherit a large sum at one time.
- A Will does not avoid the guardianship or conservatorship court process, but instead acts as your voice once you are gone. The Court will still review a petition for Guardianship and Conservatorship to be sure the child has the best home possible.
- A Will in Georgia does require two witnesses who are not named in your Will as beneficiaries. While you do not need to know the witnesses, if a question about the validity of your Will is ever brought up, having legible names and being able to locate those witnesses in the future is beneficial. Attorney’s offices keep records of witnesses and notaries (employees) while a UPS Store may not know who signed your Will 15 years ago.
- A Will in Georgia does not pass muster if it is not written (dying words do not qualify) and must be signed by the creator in front of the two witnesses.
- A Will does not avoid family fighting. While a no contest clause (a provision that disinherits someone who contests the Will) can dissuade a court battle, all heirs must sign a Petition to Probate and a disinherited heir has nothing to lose.
Call us today at 678.781.9230 to schedule an appointment to discuss your estate planning needs and your Last Will and Testament. We will walk through the components of a plan and ensure that your Will does what it is intended to do and that you have other documents in place to address your needs during lifetime.
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