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Approximately half of all Americans die without a will. If you die without a will, the state of Georgia distributes your estate according to a formula. This leaves a tremendous potential for conflict and confusion among surviving family members and dear friends.

In Georgia, if you die without a Will, your estate will be distributed to your legal heirs, commonly known as your "next of kin."  Lacking a Will, the identity of your heirs is determined by law, not by you. 

For example, the law states that a surviving spouse and children are a decedent's heirs-at-law.  However, without a Will, the law generally requires that the estate be split equally amongst the spouse and the children.  A spouse gets no more than a child's share.  Moreover, the children, no matter how young, receive their bequest outright, rather than being held in trust until they are of suitable age and discretion. 

For clients who are not legally married and have no children -- or for clients who are part of a non-traditional family unit -- one's legal heir could end up being an unknown second-cousin twice removed, if that person is the closest living blood relative to the decedent.

Having a Will is beneficial in other ways as well.  For instance, in your Will, you can:

• Name a guardian who will raise and care for your children
• Name an executor to probate your Will
• Direct that your executor be relieved of having to post a bond or file ancillary paperwork with the court, such as inventories, appraisals or returns, which would otherwise increase the legal costs of probating your Will

A clear comprehensive estate plan helps provide predictability in an unpredictable time.  A will protects your loved ones by ensuring that you, not the court, will decide how to distribute your assets. We will work closely with you to develop a will that provides for the care of your minor children, ensures smooth distribution of your estate, and provide security for your loved ones. Wills are available as part of our Estate Planning package.

Living Wills, Health Care Proxies, and Medical Directives: These important documents can be prepared in conjunction with wills or separately. These documents ensure that your wishes will be carried out in the event you are unable to make your own medical decisions. We will help you create documents to reflect your wishes and needs.

Many clients are concerned about the medical profession's use of extreme health care measures to keep patients alive.  Clients may address this issue in an Advance Directive for Health Care. 

In the Georgia Advance Directive for Health Care or GADHC, a client may identify an agent who will make decisions about whether to use extreme measures to keep the client alive, or whether to withhold or discontinue such measures if it is in the best interests of the client to do so.  The advance directive also allows the client to state her preferences concerning the use of extreme measures, in case her agent is unavailable or unwilling to act on her behalf.Moreover, the GADHC gives the health care agent the right to visit and have full access to the client in the hospital, to talk with the client's doctors, and to review the client's medical record.  The GADHC also allows the client to name a guardian - someone who will be the caregiver, or who will ensure that their physical needs are provided for, in the event the client is unable to care for themselves.

Trusts are not just for millionaires! Trusts can be revocable or irrevocable, and generally provide the benefit of allowing assets to pass to their intended recipients without having to go through the Probate process. In addition, since a Trust is a private document, it provides confidentiality that the Probate process—which is on the public record—does not.

When a Trust is in place you can:

• Direct that property be held in trust for minor children, or disabled beneficiaries, and make decisions about how trust assets may be used
• Name a trustee to invest and manage the funds in any trust

Contact me by telephone or at any time by clicking here. It is our policy at Linda Bass Law to respond to all online inquiries or telephone calls within 24 hours.