Work With A Lawyer To Create A Will That Works For You

A last will and testament may well be the most personal document you ever create. For that reason alone, it’s important to make sure that your will is drafted with the utmost care and attention to detail. The best first step you can take toward making this happen is to choose an experienced estate planning lawyer whom you will feel comfortable talking to about the personal decisions involved in this process.

At the Hodges Law Firm, LLC, in Cumming, we have been doing this type of legal work for more than 30 years throughout Atlanta and all of Georgia. We understand how personal it is. We take pride in our ability to make clients feel comfortable and confident when making decisions that profoundly affect the people and causes they care for most. We’re here to help you gain that peace of mind as well.

Accomplishing Specific Goals With A Will

The most basic function of a last will and testament is to provide clear, written instructions as to how you want your assets distributed and to whom, after your death. This can both prevent many types of estate problems and save your beneficiaries a lot of trouble and expense. This is just the starting point, however, for what a will can accomplish.

We use a comprehensive questionnaire to help clients identify specific needs and our own experience to create wills and other estate planning documents that achieve those goals.

For example, with minor children it’s almost always a good idea to include a testamentary trust to guard against the possibility that a child’s other named parent may predecease you. With this type of will, you can automatically transfer ownership of assets to a trustee (instead of to the minor child) at the time of your death, name a trustee to preserve and manage those assets, and even select the appropriate age or ages of distribution.

We can also use will provisions to accomplish other specific goals, including:

Nominating guardians for minor children
Protecting against claims by former spouses and creditors
Keeping personal problems such as gambling, alcoholism or drug addiction that a beneficiary may have from consuming everything you leave to him or her

“I don’t need to draft a will because I already have one. There have been some changes in my life since then, though. Can you review a will and update it if necessary?” Yes, and we’d be happy to do this for you. It’s good you asked, too, because there’s a real danger in using out-of-date legal documents. Just contact us for a free consultation. A review of your old will is a free consultation.

Frequently Asked Questions About Georgia Wills

We’re sure you have many questions when it comes to understanding and creating a will. To make this process as easy as possible, our attorneys have gathered some of the most common concerns we receive from clients below to provide you with clarity to get started. If you still have questions, please contact our Cumming estate planning law firm via email or by calling 678-608-1746.

When should I make a will in Georgia?

In Georgia, anyone aged 14 and above can create a will at any time. There are some common milestones in life that may make it an ideal time to consider drafting a will, including:

Getting married or divorced
Having or adopting a child
Receiving an inheritance
Purchasing a house, a business or another significant asset
Changes to your health such as a sudden illness or injury

Significant life events are a common time to create a will or revise one if you have a previous will that hasn’t been updated in some time.

What if I die without a will in Georgia?

When you die without a will in place, your estate enters what’s called “intestate,” and your assets will be passed down to your heirs following Georgia’s intestate laws. Generally, your estate will be distributed as follows depending on:

Surviving spouse but no children: Your spouse will inherit your entire estate.
Surviving children but no spouse: Your estate will be divided equally among your children.
Surviving spouse and children: Your spouse and children will all receive shares of your estate. Your spouse’s share will be at least one-third of the total estate.
Surviving parents but no spouse or children: Your parents will receive your entire estate.
Surviving siblings but no spouse, children or parents: Your estate will be divided equally between your siblings.

To ensure that your assets are distributed to the family members you want to receive them, it’s crucial to create a will as soon as possible.

Can someone challenge my will in Georgia after I die?

Anyone with legal standing can challenge another’s will in Georgia. This typically includes beneficiaries and creditors. However, the person contesting your will must have grounds to do so, meaning they have a legitimate reason and evidence to prove your will was invalid. Common grounds for challenging a will include fraud, lack of capacity, improper execution and undue influence. An attorney can help ensure your will is valid and avoid any attempts at contesting it from other parties.

Create Your Will Today

We offer free initial consultations. Whether you need a simple will, complex will, pour-over will or something else, we are here to help you explore your options. Contact us online or by telephone at 678-608-1746, toll-free at , to schedule a free initial consultation.

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