Why do I need a Will?  There are many reasons why a person should make a will.  

 The main reason is that a Will is a way for you to control what happens to your property when you die.  If you have small children, the most important reason is to name those who will care for the children and the property you leave the children if you die while they are still a minor   If both parents of a minor child die before the child, the child will be in need of a guardian and maybe a conservator (the person who controls the child’s money).  A Will is also the only way you can choose who will administer your Estate.  Otherwise, the Court will choose who administers your Estate. 

 If you do not draft a Will, your estate will be “intestate”.  If you die without a Will, the Court will decide who will administer your Will and your Estate will divided according to the Georgia Law of Intestate Succession.  The Georgia laws of intestacy, direct the disposition of your property if you die without a legal will.  In other words, your property is distributed as the State of Georgia thinks best.

 So, how do you get a Will and who will draft it.  You can draft a Will yourself but it is wise to consult an attorney.  Most attorneys charge very reasonable fees to draft a simple Will.  Contact an attorney in your area and do not be afraid to ask how much the attorney will charge up front.  Most attorneys have set fees for simple Wills and their receptionist should be able to give you a price estimate.

 However, if you have a large estate a Will can become complicated and involve tax issues.  The larger your Estate the greater need there is to have an experienced attorney draft a Will.

 A will is the statement of an persons testamentary intention regarding the property that have after they die.  For a Will to be probated in Georgia it must be in writing and must be properly signed by the testator and attested by witnesses.  Unlike other states, Georgia does not recognize other types of wills that do not follow these rules.

 Not all property a person owns will be conveyed in their Will.  For example, the beneficiary designation of a persons life insurance policy, certain joint accounts, land in a joint tenancy with right of survivorship or survivor’s benefits under a retirement plan.  These are all usually outside the Will and do not have to go through probate.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.