WILLS

WHY YOU NEED A WILL

There are some erroneous beliefs out there regarding the need to have a will. Let's set the record straight:

You need a will even if you think you "don't have anything". A will governs much more than the simple distribution of your bank account funds. For example, a will provides the opportunity to select a guardian for your minor children. Without that provision, upon your death the state may decide who takes on that very important task. Wouldn't you rather make that choice?

If you are assuming that your spouse "gets it all" you may be wrong! In fact, in the state of Georgia, if you die without a will, your estate is divided between your spouse and your children under the laws of intestacy. For more detailed information regarding What happens if you Die Without A Will, click here.

Furthermore, the intestacy laws do not govern specific items in your estate. Do you want your grandmother's diamond ring that she left you, going to your brother's wife or your daughter at your death? These issues can be determined in a will eliminating a potential controversy between your survivors.

Another misconception is that a will is an administrative nightmare for your executor and more trouble than it is worth. In Georgia, probate is a simplified process. The will allows you to select the person you want to manage your affairs. If you die without a will, the court will have to select an administrator who will probably have to post a surety bond, likely more trouble than the executor would have under your will.

Please consider these factors and write a will!

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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