The short answer is: Yes.
What is a Will?
A Will is a legal document that outlines the wishes of an individual regarding the distribution of his or her personal and real property after an individual passes away. A Will appoints an executor who is charged with the distribution of the assets as close to the instructions provided by the deceased person in the Will. A Will can also help determine who is appointed legal guardian of the deceased person’s minor children in the case of an untimely death.
How Can a Will Help?
A Will allows an individual to protect his or her spouse, children, other heirs, and assets. Some of the benefits of having a Will include:
- Avoiding a lengthy probate process to determine who inherits specific assets
- Giving the deceased person control over who receives—and who does not receive—certain assets of the estate
- Helping authorities determine who should look after minor children if the deceased is the sole guardian
What Happens if I Don’t Have a Will?
In Georgia, if you die without a Will, your property will be distributed according to statutory intestacy laws. This means your property will be given away starting with your closest relatives—such as your spouse and children—and filtering down through more distant relatives. If no living relatives are found, the state will take possession of your property.
Why Should I Get a Will if I am Not Married or Don’t Have Children?
Even if you have no spouse or children, a Will grants you full control over your estate. Your assets can be designated to friends, your religious community, or a charity or educational institution of your choice.
I Already Have a Will. Do I Need a New One?
Typically, a Will does not expire or need to be redone unless there are changes you would like to make. You should update or draft a new Will if you get married, get divorced, have children, or experience any major life event that revokes your current Will. Whether a specific event requires a new Will depends on the language of your existing document and the nature of the change.
Why Work with an Estate Planning Attorney?
Having an attorney assist you in making your Will ensures that you choose an appropriate executor, aids your family during the probate process, and guarantees that your instructions are clear and enforceable under Georgia law. An attorney will also ensure that your Will is legally valid by overseeing proper witness execution and notarization.
Please contact Kapadia Naik & Farhoudi or call us today at 770-881-8081 to schedule an appointment to discuss drafting a new Will or reviewing an existing Will for you and/or your spouse.