POSTED IN: Estate Planning (Wills, Trusts, and Powers of Attorney)
TAGS: Wills
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August is National Make-A-Will Month, making it a good time to tackle an important task that is easy to put off.
Georgia’s rules may surprise you!
Over the past few weeks, we have highlighted some of Georgia’s intestacy laws, which determine what happens to your assets if you die without a valid will. Some of these rules surprise people. For example, a surviving spouse may have to share the estate with the deceased spouse’s children. This law doesn’t align with the preference many of us have for our estate to pass solely to our spouse and then to the children after our spouse passes.
In addition, stepchildren generally do not inherit under Georgia’s intestacy laws unless they were legally adopted, whereas adopted children are treated the same as biological children. These nuances are important to consider when planning your estate.
The key takeaway from our recent blogs is simple: If you do not make your wishes known, Georgia law will make many of these decisions for you.
Why Is Having a Will Important?
A properly prepared will allows you to:
- Decide who receives your assets rather than relying on Georgia’s intestacy laws.
- Name a guardian for minor children so you can express who you want to care for them.
- Choose an executor you trust to manage your estate and carry out your wishes.
- Address blended-family situations, including your wishes for stepchildren and other loved ones who may not automatically inherit.
- Reduce uncertainty and potential family conflict by clearly documenting your intentions.
- Create a more comprehensive estate plan that complements beneficiary designations, powers of attorney, advance directives, and, when appropriate, trusts.
Making a will is not just about deciding who gets your property. It is about making things easier for the people you love and ensuring your wishes are clearly communicated.
Take action during National Make-A-Will Month
National Make-A-Will Month is a great reminder to create a will if you do not have one or to review an existing will to ensure it still reflects your family, finances, and wishes today. Many situations, such as a death, divorce, diagnosis, or moving to another state, should prompt a review of your will. Also, if your will is 7-10 years old, you should consider a review. Laws and designations change over time, and staying on top of them is well worth the time and expense.
At Hurley Elder Care Law, we help individuals and families create comprehensive estate plans for today and for whatever the future may bring. Call our intake specialist at 404-843-0121 to discuss your estate planning needs and schedule a meeting with one of our experienced attorneys. Don’t let August pass without checking this off your list.
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