Wills & Estate Planning
Although it may be unpleasant to think about, we advise our clients to settle their property and affairs before their death. At our law office in Cumming, Georgia, our estate planning attorneys can help you ensure your wishes are carried out through use of the following:
- Last Will & Testament: A Will makes certain your wishes concerning your property are followed after your death and provides protection for your minor children's needs.
- Trust: A trust is a legal device that allows you to preserve your assets for your heirs and beneficiaries. A trust protects your property and may help avoid the court-mandated probate process.
Why do I need a Will?
If you die without a Will in Georgia, your estate will be divided based on your heirs at law. This means, for example, your wife and children will split your estate. However, usually our attorneys advise married clients to leave everything to their spouse with the understanding their spouse will leave his or her estate to their children upon his or her death.
Moreover, if you have young children, you may want to put restrictions on the ages at which they receive their portion of your estate. For instance, many parents would not want their children to have unrestricted access to large sums of inheritance at age 18. Additionally, parents may prefer to specify who takes custody of their children if they died before their children turn 18. Otherwise, a probate judge will make this determination.
Finally, when we draft your Will, we include language to relieve your executor of the duty to post a bond, file an inventory with the court, or request permission of the court to sell your property. These provisions reduce any burden on your heirs and save both time and money for your estate.
Do I need a trust?
In many states, the probate process is drawn out and expensive. Fortunately, in Georgia, the courts are much better suited to assist the administration of your estate. Therefore, it is not always necessary to avoid probate. Nevertheless, please contact our law office so an attorney can address your specific questions and needs.
What if I recently moved to Georgia?
The laws of other states may or may not comply with Georgia code. Our estate planning lawyers will review your will to determine whether it complies with current laws and relieves your executor of unnecessary restrictions.