A LEGAL INSTRUMENT THAT SPECIFIES HOW YOUR POSSESSIONS WILL BE DISTRIBUTED AFTER YOUR DEATH.
Attorney for Wills in Lawrenceville, GA
Securing Your Legacy: Expert Wills and Estate Planning in Lawrenceville, GA
Many believe that drafting a Will in Georgia is a straightforward task that doesn’t require professional assistance, but the reality can be quite different. Crafting a Will is a crucial step in ensuring that your assets are distributed according to your wishes upon your passing. Often, clients approach us believing their asset situation is too simple to need a formal Will, saying, “My assets are straightforward; I don’t think I need anything elaborate.” However, they soon discover that having a legally sound Will provides critical advantages, such as specifying heirs, appointing guardians for minor children, and potentially minimizing disputes among surviving family members.
With over 15 years of experience at Hurban Law, LLC, serving the communities of Lawrenceville and Gwinnett County, Georgia, we are committed to providing exceptional, personalized service. We guide each client through the process of drafting and finalizing their Will, ensuring that it precisely reflects their personal desires and family dynamics while complying with Georgia state laws.
What is a Will and why it's important?
A will is a legal document that details how a person’s assets and affairs should be handled after their death. It can include the distribution of assets, the care of minors, and instructions for personal items, among other provisions.
Drafting a will is a critical step in securing your legacy and ensuring that your assets are distributed according to your wishes upon your passing. In Lawrenceville, Georgia, understanding the local legal nuances can make the process smoother and more effective.
Why Consult with an Attorney?
- Local Expertise: An attorney familiar with Georgia’s specific legal landscape can provide crucial guidance.
- Tailored Advice: Get personalized strategies that reflect your family dynamics and financial situation.
- Avoid Legal Pitfalls: Ensure that your will is not only legally valid but also effectively avoids potential disputes or misunderstandings.
Benefits of drafting a will in Georgia:
Control Over Asset Distribution
Specify who inherits your property, rather than leaving it to state default laws.
Protection for Children
Designate guardians for minor children, ensuring they are cared for by trusted individuals.
Ease the Probate Process
A clear, legally-valid will can simplify the probate process for your loved ones.
"If you die without a will, state law governs how your assets are distributed, which may or may not be in line with your wishes."
– Tim Hurban
What Benefits a Will provides In Georgia?
When it comes to planning for the future and protecting your assets and legacy, having a Will set-up is important. Wills are important estate documents that outline how your assets will be distributed upon your passing. Your estate is distributed according to the terms of your Will. Here are some example of assets that can be transferred under the terms of the Will:
- real estate
- vehicles
- Jewelry
- artworks
- money
- family heirlooms
- stamp or coin collections
- stocks
- bonds
- mutual funds and other securities
Without A Will, Things May Not go As you Wished
If you pass away without a will in Georgia, you relinquish the ability to specify who receives your assets after your death. Instead, the distribution of most of your property will be governed by Georgia’s intestate succession laws.
However, specific assets that require designated beneficiaries will be distributed accordingly. Such assets may include life insurance policies, certain securities, as well as 401(k)s, IRAs, and other pension plans.
Assets and property beyond these specialized categories will become part of the probate estate if you die without a will. The probate court judge will then refer to Georgia law to determine the distribution of these assets, which is contingent upon the existence of your identifiable living family members at the time of your passing.
Under Georgia law, any person 14 years of age or older, with the capacity to make a Will may do so. Capacity is generally defined as being able to make rational decisions as to the disposition of property. However it is highly recommended to have your Will be drafted by an Estate Planning Attorney or also known as a Wills Attorney.
None at all, as a Will by definition distributes property through the probate procedure. Nonetheless, probate is typically a straightforward procedure in Georgia. People typically use a trust-based estate plan to avoid probate.
How Assets Are Distributed In Your Will Based on different family situations in georgia
While there may be various complexities within intestate succession laws, particularly concerning blended families or missing relatives, the basic principles under Georgia law are outlined as follows:
Family Members upon passing:
Spouse gets everything.
Children get everything, divided equally.
Spouse gets everything.
Spouse upon passing:
Surviving spouse gets half; your kids get half.
From prior marriage:
Parents get everything.
Siblings get everything, divided equally.
Beyond these immediate familial connections, the probate court in Georgia will seek out grandparents, uncles, aunts, cousins, nieces, nephews, and other more distant relatives to allocate your assets. In the absence of any identifiable relatives, your property will either escheat, meaning it becomes property of the state of Georgia.
Intestate succession laws might not align with your preferences regarding the distribution of your assets and can potentially lead to disputes among family members. In essence, most individuals would rather retain control over how their property is distributed.
Wills make things easier for your loved ones.
We are happy to provide a free 15-minute consultation session if you need quick guidance on whether a more in-depth meeting is needed. The free 15-minute sessions can be done either through a phone call or virtually.