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1) WHO SHOULD HAVE A WILL?
Every person who wishes to have control over the disposition of their property after
death should have a Will. In Georgia, without a Will, the property of a person who dies is
distributed according to state law, and the estate is managed by a court appointed
administrator. The cost of administering your estate is often far greater than if you had
paid for a well-prepared Will. Unlike some states, probate of a Will in Georgia is simple,
and would probably be easier and less costly than other methods of controlling your
estate.
2) WHAT IS NECESSARY TO MAKE A WILL?
You must be at least 14 years old,
and of sufficient mind and memory to realize you are making a Will disposing of your
property. The Will must be in writing (unless made on your deathbed), and witnessed by at
least 2 witnesses in a specific legal manner. It is important to have the Will drawn by an
attorney because the formal execution and proper format is just as important as the
content of the Will. The expertise of an attorney is necessary to determine the contents
based upon your specific legal circumstances.
3) WHEN SHOULD YOU MAKE OR REVIEW
A WILL?
As soon as you have property, or
have children to be cared for, you should make a Will. These are not decisions that you
want to leave to the State. Whenever there is a change in your legal circumstances, such
as marriage, divorce, birth or adoption of a child, death of a beneficiary, you must
review your Will with an attorney. Unless the event was specifically anticipated in the
Will, your old Will is probably no longer valid.
4) WHAT ARE LIVING WILLS?
This is a state approved method by
which a competent adult person makes a written instruction to his/her physician to
withhold or withdraw life-sustaining procedures in the event of a terminal condition.
These are statutory forms which can be obtained from a medical facility. However, they can
be executed in a more prepared state of mind in conjunction with the execution of your
Last Will and Testament. Most attorneys will include this document at no extra charge when
they have prepared your Will.
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