WILLS

Professional & Thorough

A Will is a document you create to give instructions on what you want to have happen to your property after your death.

You can use your Will to dictate the distribution of any property you own including: houses, cars, jewelry, furniture, paintings, and anything else of value to you.

Not all assets that you own will be distributed in accordance with your Will. Assets that require you to name a beneficiary, such as pension plans, retirement plans, and insurance proceeds, will pass to the person you have named as a beneficiary.

If you do not have a Will in place when you die, Georgia law will determine how your property will be divided. Georgia law dictates that a person who dies intestate (without a Will) will have their property distributed “per stirpes.” This means that if you have a spouse and children, your property will be divided equally among them, except that your spouse will never receive less than a 1/3rd share in your estate. For example, if you leave behind a spouse and three children. Your three children will share in 2/3rds of your estate and your spouse will receive the other 1/3rd.

WHAT IS AN EXECUTOR?

You can select someone to carry out your wishes and instructions in your Will. This person is called the Executor of your estate. The person you select to be your Executor should be someone that you can trust to properly distribute your property according to the instructions set out in your Will. Your Executor should be someone responsible, reliable, and willing to take on the task of distributing your estate. Your Executor should also be someone who will carry-out your last wishes even in the face of disagreement and disapproval from your loved ones. Additionally, you should appoint a back-up executor, just in case your primary executor is unable, or unwilling to serve.

CAN I CREATE MY OWN WILL?

There are many companies that try to sell you on paying them a small fee to create a Will. However, these pre-packaged Wills may not be in compliance with Georgia law or tailored to your specific needs. By the time problems are discovered with your Will, it will be too late for anything to be done about it. You will not be around to clear up confusions about your Will. Don’t leave such an important decision to chance. Claxton Law Group has the experience to assist you in creating a Will that ensures that the decisions you make about your property will be properly carried out after your death.