The Last will and testament is a necessity for all citizens of the state of Georgia. This document ensures that when a Georgian passes away, their estate will be handled according to their wishes. It also makes a difficult time easier for the loved ones who remain, because having the last will and testament means they may be able to avoid a long probate process and other worries.
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Producing a will and testament is an important action in guaranteeing a future for your partner, kids, other loved ones, and even your family pets. A correctly composed file appoints somebody to supervise the property and estate (personal representative), as well as settle all financial obligations. It will likewise attend to your household upon death.
A last will and testament under Georgia law are not needed. It is merely recommended, especially when you see a legal disability arising. Without one, you have no binding evidence of your final wishes, which suggests that state laws of intestacy will figure out how your possessions are dispersed.
Your residential or commercial property might even be auctioned off to satisfy any staying financial obligations.
To guarantee your residential or commercial property, including all your assets, are dispersed in the way you desire it to be, it’s important that you properly write a will. In Georgia, if you pass away without a will, your home will be dispersed according to “intestacy” laws.
Therefore, properly constructing a Georgia last will and testament with the assistance of a local attorney experienced in estate law, such as one from the Law Offices of Paul Black, is your best option for making your final wishes known.
Understanding Wills in Georgia
The intestacy law of wills in Georgia, which is the law that enters into play if you die without a valid will, disperses residential or commercial property to your partner and kids. If you have neither partner nor kids, your moms and dads will likely get your residential or commercial property.
After that, the list continues to remote loved ones, such as grandparents, aunts, uncles, cousins, nephews, nieces, etc. If you have no living relatives, the state will assume your personal asset as per state laws.
The procedure of composing a lawfully binding will is an intricate one. As wills and probate are both specialized fields, it would be appropriate to consult a lawyer for each.
Navigating a Living Will Georgia
Those individuals considering having a Georgia living will and/or a power of attorney for medical care should discuss their options with a local lawyer. The person writing your will should know your preferences and choices and must have experience creating Georgia wills. A living will is also known as a directive to physicians or an advance directive.
This type of will can be a good option for some people since it sets down in writing what they want in terms of their future healthcare and end-of-life care. A living will be created when the principal has a sound mind and can decide how his or her property should be distributed.
For this, the principal needs competent witnesses and undergo the same formalities as creating a new will. For example, if a person becomes incapacitated and is no longer capable of communicating their healthcare decisions, they might have a living will.
The living will say that they do or do not wish to receive palliative care or that they do or do not want to be resuscitated.
Georgia Living Will
A Georgia Living Will and health care initiative enable individuals to maintain control over their treatment, even if they are no longer able to interact.
The person making a living will meet certain requirements to create or renew an old will.
- The person should be 14-years or older and isn’t laboring under some legal disability arising either from a want of capacity or want of perfect liberty of action.
- The will must be written and signed by testators or any other person in the testator’s presence.
People considering a Georgia Living Will should note that this legal document does not have any power after they are deceased, so they will need both a Living Will and a regular Will that covers what they would like to be done with their property.
How to Write a Will in Georgia
How to write a will in Georgia is a typical legal concern for responsible adults. Oddly, however, you can compose your last will and testament in Georgia when you are as young as 14 years of age. Unfortunately, unless it is “self-proving,” it might be dealt with as though you didn’t have a will at all. If you want your will to be self-proved, it must incorporate another legal document signed by two witnesses of the testator and a notary public.
To ensure your will is legal, there are several elements you must include.
- Personal Information, including the legal name, city, and county of residence, is typed or neatly written at the top.
- The name, city, county, and state of residence for the chosen executor and an alternate.
- The full legal name, address, last four digits of the social security number, and the relationship of each beneficiary along with the property bequeathed to each.
- Printed names, signatures, and addresses of two or more witnesses to make the Will “self-proving.”
- Notarization is an additional option.
To ensure your personal wishes are completely and accurately followed, having a Georgia estate planning attorney assist you is the best course of action. They may be able to suggest things you had not considered for your Will and will certainly ensure the document has all the necessary elements.