If you want to have a say in how your assets are distributed after your death, you need a will. Often, the intention of married couples is that a residence automatically goes to the survivor of them upon the death of the former – but this is often best managed by real estate deeds rather than wills. Often, clients do not have complete beneficiary forms or incorrect beneficiary forms for investment accounts or insurance policies. For all retirement accounts, such as 401(k), IRAs, 403(b)s, investment or brokerage accounts, or life insurance policies, it is important to ensure that a primary and secondary beneficiary is listed. Often, the primary beneficiary is a spouse, but if a spouse died before death or there was a divorce, failure to update this information can lead to unintended consequences. Maybe a first child was registered as a beneficiary and now a client has three children, but the other two have not been listed – so only one child is entitled to the money. Keep your will in a safe place, such as a locker, and tell your executor where it is. You may want to review your will every two or three years, especially after a major life change like divorce, birth, or death. Step 1 – Constitution of the testator – Write or write the full legal name of the testator (the person for whom the will is made) at the top of the document. You must then enter the following information: For a will to be valid in Georgia, it must be written – typed or handwritten. (Georgian Code § 53-4-20). Oral wills or wills recorded on audio or video are not valid in Georgia.
You can read more about handwritten wills here. Declare in writing that you are revoking the current will. This is the surest way to clarify your intentions. Make a list of your assets and decide who will inherit what. If you plan to disinherit a family member, be sure to include the person in your will and the reasons for your decision if you wish. To avoid having control over the distribution of your assets and prevent your estate from falling under inheritance laws, it is important to have a valid Georgian will. Alternative executor – only if the original representative is unable or unwilling to act as the representative of the originally chosen estate It is important to appoint a guardian to care for your minor or dependent children if you are the last surviving parent or if the surviving parent is unable to: to take care of them. If not, the court will appoint someone. Tear, throw away or delete items in the current will.
The executor acts as a personal representative, managing and distributing the assets of your estate. Although testators (people who write wills) often choose a friend or close family member, you should appoint your lawyer or financial advisor to avoid potential problems. Unlike a will, a living will prescribes instructions to follow if you become unable to work and are unable to make decisions about your health and medical care. A living will, called a « living will for health care » in Georgian law, would, if necessary, take effect during a person`s lifetime, while a will would only take effect after the testator`s death. A will, also known as a will, is a legal document in which a person gives instructions for the distribution of their property after death. This document can also be used to appoint a guardian for minor children (children under 18 years of age). For a will to be valid in Georgia, you must meet five conditions. Definition – § 53-1-2(17) – « Will » means the legal statement of a person`s testamentary intention with respect to his or her property or other matters. The will includes the will and all the codices of the will. Once you have finished writing your will, have two people serve as witnesses.
Witnesses must be over the age of 18 and must not be beneficiaries of your will. It is also recommended to be notarized in Georgia. In Georgia, a valid will must be drawn up and signed either by the person making the will or by a person designated by the person making the will. A will drawn up in another state may be valid in Georgia if it fulfils certain conditions. If you want to make minor changes to your will, you can do so through a codicil. A codicil adds something or takes something from your current will. A codicil is only legal if it is: for the will to be valid in Georgia, it must be duly attested – i.e. two competent persons aged at least 14 must sign the legal document in the presence of the testator.
(Georgian Code § 53-4-20 b) and § 53-4-22 (a)). Holograph wills, i.e. wills written but not signed by two witnesses, are not valid in Georgia. For a will to be valid in Georgia, the person who makes the will must act in a will. This means that the person has a « determined and rational desire to create the will » and dispose of his property (Georgia Code § 53-4-11 (a)). The testator can also execute the will « freely and voluntarily », which means that he will not be influenced or drafted the will under false statement or coercion (Georgia Code § 53-4-12). A Georgian will is a legal document that describes the distribution of real estate, personal property, trust money, and even digital assets of a testator (who owns the will) after death. Testators can name their selected beneficiaries on the testamentary document and give instructions on the amount or part of the estate that each should receive. Wills are essential to the distribution of the testator`s estate among spouses, children, friends, blood relatives and even charities. Under Georgian law, wills require the presence of two (2) witnesses when the testator executes and signs the will. The two witnesses will therefore sign after confirmation of the testator`s signature. Although optional, a testator can also have the will notarized.
According to Georgian law § 53-4-20, the testator must sign his will. The signature can be a sign, trademark or any other name intended to authenticate the document as the testator`s will. If the testator is physically unable to sign the will, they can ask someone to sign the will on their behalf. `The will must be drawn up in writing and signed by the testator or another person in the presence of the testator and on the express instruction of the testator.` Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process for distributing a deceased person`s estate. In Georgia, the executor must first request that the court be formally appointed as the personal representative of the State. The executor then receives the « Testamentary Letter » and can proceed with the division of the property according to the provisions of the will. Some parts of your will may be automatically revoked if: Read what happens if someone dies in Georgia without a will. Write a new testament that does not conform to the Old Testament. When you make a will, you also choose a person who will carry out your wishes for you after your death.
This person is called the « executor. » In addition, in addition to trusts that benefit individuals, Georgian law expressly authorizes the establishment of a trust for the care of live animals of the settor. Such a trust ends with the death of the animal or with the death of the last surviving animal if the trust was created to provide for the care of more than one animal. A Georgia will give you the opportunity to take care of your animals in this way after you die. Lawyers specializing in end-of-life issues say they have seen an increase in requests for assistance with wills and end-of-life documents in recent weeks. Your will is also your chance to appoint a personal guardian to care for your minor children. There is no specific format that makes a will legal in Georgia. But a will must be written and signed by: Here`s an overview of the steps recommended by LegalZoom and things to consider when you start writing your will. You can avoid this if you write in your will that these events should not revoke your will. According to Georgian law, the testator* must be at least 14 years old to draw up a will. « Any person aged 14 or over may draw up a will unless he or she is working under a legal obstacle resulting either from a lack of capacity to act or from a lack of complete power » Georgian Code § 53-4-10 (a). While writing the will is a relatively simple task, it`s best to do it under legal supervision to make sure you don`t miss out on important details. Georgia does not require testators to notarize their wills, but notarizing the document can help speed up or simplify the probate process.
If you have any further questions about writing a will, please contact Siedentopf Law at (404) 736-6066 or via our online form. If you can`t read the will, you should ask someone to read it to your witnesses. Although a will is not required by law, without a will, state laws (called intestate succession laws) determine the distribution of assets in an estate. However, the result according to these rules may not coincide with the wishes of the deceased (the deceased), which means that it is usually advisable to draw up a will.