Every adult should have a properly drafted and executed Will. Whether you have many assets or just a few, are married or unmarried, have minor children or no children at all, you should still have a Will.

-With a Will, you decide how your estate will be distributed and you may dispose of your property as you choose. Without a Will, your estate is distributed among your heirs according to state law.

-With a Will, you can direct that all of your estate pass to your surviving spouse. Without a valid Will, your estate will be shared between your surviving spouse and your children, including minor children.

-With a Will, you can nominate the person you want to be guardian of your minor children. Without a Will, the guardian will be picked by the court.

-With a Will, property can be distributed to trustees of your choosing to manage the property on behalf of your beneficiaries. Without a Will, property might be distributed outright to your beneficiaries or to a conservator chosen by the court, and minor children will receive their property upon reaching the age of 18.

-With a Will, you can direct that your property be available to your surviving spouse during his or her lifetime and then pass to your children (perhaps children from a previous marriage) upon the surviving spouse's death. Without a Will, the property that is distributed to your surviving spouse will be distributed upon his or her death as your surviving spouse decides.

-With a Will, your executor can be given full powers to sell your property and manage it without requesting permission of a court. Without a Will, your heirs must petition a court for the administrator to be granted these powers.

-With a Will, you can structure a plan to reduce federal estate taxes. Without a Will, your estate may owe more in taxes that it would have otherwise.

Your Will controls the disposition of the probate estate. Your probate estate consists of all property owned by you at the time of your death that is not distributed at the time of your death under the terms of a contract or by operation of law. Probate property includes tangible possessions like clothing, jewelry, furniture, cars and bank accounts (unless they have a "pay on death" or "transfer on death" designation). Non probate property includes life insurance with a beneficiary designation, pension and retirement accounts with beneficiary designations and assets or real property owned joint with rights of survivorship.

Certain provisions of your Will may be modified or even revoked by law. You should have an attorney review your Will in this case.

A Will that was executed in another state that meets the requirements of a valid Will in Georgia is usually valid. However, if you have moved to Georgia from another state, it is a good idea to have a practicing Georgia attorney review your Will to ensure that it is valid under Georgia law and meets your current needs..

Probate is the court supervised process of administering a person's probate estate. This process includes validating the Will, appointing the person who will gather and manage the assets of the estate, paying claims against and expenses of the estate, and distributing the assets of the estate to the beneficiaries.

Probate in Georgia is generally not burdensome or expensive. So despite what you may have seen advertised, most Georgia residents are not well served by techniques that are designed to avoid probate, such as revocable living trusts. However, if you own real property in another state, it may be something to consider.

An advance directive for health care is a legal document in which you (1) appoint your health care agent, and/or (2) direct the withholding or withdrawal of life-sustaining procedures and/or the provision of nourishment or hydration if you are in a terminal condition or a state of permanent unconsciousness. Your health care agent can act on your behalf to make decisions related to the consent to, refusal of, or withdrawal of any type of health care. A health care agent may also be given the authority to make decisions related to autopsy, anatomical gifts, and the final disposition of your body. A physician who is directly involved in your care may not be your health care agent. Your health care agent may accompany you in an ambulance and may visit or consult with you in person while you are in a hospital, skilled nursing facility, hospice or other health care facility.

Do not worry, we offer flat fees for Wills and Trusts. We can sit down or have a phone conference to first discuss your needs, after which we will give you a firm quote for your project. You will know up front how much your project will cost. There are no surprises! There is no cost for the initial consultation so give us a call today at (770) 653-1084 to see how we can help you.