Do I Need a Will?

The short answer is: Yes. 

What is a Will?

A Will is a legal document that outlines the wishes of an individual regarding the distribution of his or her personal and real property after an individual passes away. A Will appoints a testator who is charged with distribution of the assets as close to the instructions provided by the deceased person in the Will. A Will can help determine who is appointed legal guardian of the deceased person’s minor children in the case of an untimely death.

How Can a Will Help?

A Will allows an individual to protect his or her spouse, children, other heirs, and assets. Some of the benefits of having a will are that you will help avoid a lengthy probate process to determine who gets to inherit certain assets. A Will also gives the deceased person power and control over who does and who does not receive certain assets of the estate. If the deceased person is the sole guardian of minor children, then a Will can help authorities determine who should look after the children.

What Happens if I Don’t Have a Will?

In Georgia if you die without a will, your property will be distributed according to statutory intestacy laws. That means that they will give your property away starting with your closest relatives such as your spouse and children and filter down to your most distant relative, depending on if there is someone at each level of relation. If no relatives are found, then the state will take your property.

Why Should I Get a Will if I am Not Married or I Don’t Have Any Children?

Even if you have no spouse or children, a Will can give you control over your estate. Your estate can be willed to friends, your religious community, or even to a charity or school.

I Already Have a Will. Do I Need a New One?

Typically, a Will does not expire or need to be redone unless there are changes you would like to make. You should change a Will if you get married, divorced, have children or any other event that revokes your will. Whether an event will lead you to needing to draft a new Will depends on the language of the Will and the event.

Having an Attorney assist you in making your Will, will help you choose an appropriate executor, will aid your family with the probate process after your death, and will make sure that your Will is clear and understandable to both yourself and loved ones. An Attorney will also make sure that your Will is valid by making sure it is witnessed and notarized properly to be an enforceable document.

Give us a call today at 770-881-8081 to make an appointment to discuss drafting a new Will or reviewing your current Will for you and/or your spouse.