Dying without a will in Georgia

Many people mistakenly think, “I don’t need a will.” They assume that if they pass away without one, their spouse or children will automatically inherit everything the way they want. In reality, that’s not always the case. When someone dies without a valid will in Georgia, they are said to have died intestate, and Georgia law decides who inherits their assets.

Don’t get surprised

For some families, these rules come as a surprise. While a surviving spouse inherits everything if there are no children, a spouse and children must share the estate if both are living. Most people are surprised to learn that if there are multiple children, the spouse is guaranteed at least one-third of the estate rather than automatically receiving everything. This can create unexpected financial challenges for the surviving spouse and may not reflect what the deceased would have wanted.

Common misconceptions

Another common misconception is that unmarried partners, stepchildren, close friends, or favorite charities will receive anything. Under Georgia law, they do not inherit unless specifically named in a valid estate planning document. This can be especially concerning for couples who never legally married and blended families.

Take action

The good news is that you have the power to decide what happens to your assets. Creating a will and, in many cases, a revocable living trust lets you choose who will inherit your property, who will manage your estate, and who will care for minor children, if needed. It also helps reduce confusion and conflict during an already difficult time.

Don’t let Georgia law write your legacy. Don’t let intestate laws control your hard-earned estate. A thoughtfully prepared estate plan ensures your wishes are honored and can guide the future of your loved ones. Call Hurley Elder Care Law today at 404-843-0121 to schedule a meeting with one of our experienced elder law attorneys.