Gwinnett County Wills Attorneys

Wills and Trusts

Everyone should have a will. Your will is a legal document that states how you wish your property be distributed when you die. Although you do not have to have an attorney prepare your will, it is a good idea, because lawyers who do wills can ensure that yours is legal. The wills and trusts attorneys at Daniels & Taylor, P.C., will advise you to make sure that your will complies with the laws of the state of Georgia and accurately reflects your intentions.

Requirements of a Valid Will in Georgia

* You must be 18 years old.

* You must be of sound mind, or mentally competent.

* You must clearly state that the document is in fact your will.

* You must sign your will and it must be witnessed by at least two (2) adult witnesses and a notary public.

Planning for the future? Contact us to create a will that protects your wishes. Call (770) 285-1673 now.

How Much Does a Will Cost in GA?

The cost of a will in Georgia depends on the complexity of your estate and the lawyer you choose. Generally, a simple single-page will might cost around $250-$700. A more complex will could cost anywhere between $500 and $3,000 or more.

When researching your options for a will, it’s important to consider not only the price tag but also the experience of the attorney who drafts your document. Ask yourself if they have adequate experience with wills in Georgia and make sure they are able to answer any questions you may have about the process. An experienced lawyer can help ensure that your wishes are properly documented and that your assets are distributed according to your wishes after you pass away. It is worth taking the time to investigate your options.

It’s also important to remember that in addition to the cost of the will itself, you may have to pay other fees and taxes associated with creating a will in Georgia. These could include filing fees or probate court costs. Before signing off on any document, make sure you understand all related costs so there are no surprises later down the road.

Creating a will is an important step in securing your future and protecting your loved ones after you pass away. It is worth taking the time to shop around for a qualified attorney who can help you create an accurate, legally binding document that reflects your wishes and desires.

What Happens if You Die Without a Will (Intestate Succession)?

When someone dies without a will in Georgia, their estate is distributed according to intestate succession laws. These are the default rules set by the state to determine who inherits property when no will exists.

How Property is Divided:

• If you are married with children, your spouse and children will share the estate.
• If you have no spouse or children, your estate may go to other family members, such as parents, siblings, or even more distant relatives.
• Unmarried partners, friends, and stepchildren generally do not inherit under intestate laws unless specifically named in a will or trust.

Impact on Your Family:

• Stepchildren or unmarried partners typically won’t inherit anything under Georgia’s intestate laws, even if they were close to you or financially dependent on you.
• Intestate laws can sometimes cause conflicts, especially if relatives disagree on who should receive certain assets, leading to lengthy and expensive legal battles.

How to Choose an Executor for Your Will

The executor is the person responsible for making sure your will is carried out according to your wishes.

What Does an Executor Do?

• Administers the estate: Ensures debts are paid, assets are gathered, and property is distributed to the right people.
• Manages finances: Handles tax filings and legal processes.
• Distributes assets: Ensures that beneficiaries receive their inheritances.

Selecting the Right Person:

• Choose someone trustworthy and organized. The executor must handle many responsibilities, so it’s important to pick someone who can manage these tasks well.
• Family member vs. professional: A family member can be a good choice because they understand your wishes, but a professional (e.g., an attorney or financial advisor) can offer more expertise and reduce family conflict.
• Consider someone who is impartial and can handle any disputes that may arise among family members.

Living Wills and Advance Directives

A living will (or advance directive) is a legal document that outlines your medical wishes if you are unable to communicate due to illness or injury.

Difference Between a Will and a Living Will:

• Will: Focuses on asset distribution after your death.
• Living Will: Specifies your medical preferences, such as whether you want life support, organ donation, or other health-related decisions made on your behalf.

Why an Advance Directive is Important:

• It ensures that your healthcare decisions are followed, even when you're incapacitated.
• It relieves family members from having to make difficult medical decisions during stressful times.
• Helps to avoid confusion or disagreements among family members about your care.

Creating both a will and an advance directive ensures that your financial and medical wishes are clear and legally protected.

Updating Your Will After A Divorce

You should update or redraft your will for many reasons besides the obvious reason that you changed your mind about some items in your will. If you marry, divorce, give birth to a child, or adopt a child, or if a beneficiary or executor of your will dies, you should update your will. Some of the circumstances, such as divorce, make your will invalid in Georgia.

If you die and do not have a will, your property will be distributed according to the laws of the state where the property is located. You and your family have no control over "who gets what."

Frequently Asked Questions (FAQs)

• Can I change my will after it's been signed?
  Yes, you can update or amend your will at any time while you are still alive and mentally competent. It is common to make changes through a codicil (an amendment to your will) or by creating a new will. Always make sure that any changes comply with legal requirements to avoid any confusion.
• How do I make sure my will is legally valid?
  To ensure that your will is legally valid in Georgia, it must meet the following requirements:
  • You must be 18 or older.
  • You must be of sound mind at the time of signing.
  • Your will must be signed in the presence of at least two witnesses.
  • It’s recommended to have the will notarized for added validation, though it's not required.
• What if I die without a will but have minor children?
  If you die without a will, the court will appoint a guardian for your minor children. However, if you have specific wishes regarding who should care for them, it’s important to name a guardian in your will. Without a will, your family may not be able to ensure your children are cared for by the person you would have chosen.
• Can a will be contested after I die?
  Yes, a will can be contested by any person who believes they have a right to a larger share of your estate, or if they believe the will is not valid. Common reasons for contesting a will include accusations of undue influence, lack of mental capacity, or improper execution of the will.
• Can I leave everything to one person in my will?
  Yes, you are free to leave all your property to a single person or entity. However, it’s important to be aware of the potential tax implications, and you may want to consult with an attorney to ensure this choice aligns with your wishes and goals.
• Do I need to update my will after getting married or divorced?
  Yes, major life events such as marriage, divorce, the birth of children, or the death of a beneficiary should prompt a review of your will. In Georgia, a divorce will automatically revoke any bequests made to your ex-spouse, but it's still important to formally update your will after any significant life changes.
• How does a living will differ from a healthcare power of attorney?
  A living will specifies your preferences for medical treatment if you are incapacitated, while a healthcare power of attorney gives someone else the authority to make medical decisions on your behalf. Both documents work together to ensure your healthcare wishes are respected.

From our office in Lawrenceville, our lawyers represent clients in communities throughout Gwinnett County, Georgia. Call us at (770) 285-1673 or contact us by email to arrange a consultation with one of our experienced Lawrenceville wills attorneys today.