Wills | Last Will and Testament
Discussing a will with your family attorney can help create peace of mind, both for you and your loved ones. A will is one the most important parts of your estate plan and will protect yourself and your family in the event of death or disability. Proper planning will place you in charge of the legacy you leave behind and will spare your loved ones from unnecessary stress, expense and delay in managing your affairs.
Essentially, creating a will puts you in charge of the distribution of your assets. If you do not create a will you are forfeiting that ability and your assets will be distributed according to state law. There are a variety of circumstances where this could be an issue to you and your loved ones.
Consider the following example: many people assume that their assets will simply pass to their spouse automatically, but this is not always the case. In Georgia, if you are married and have children, your surviving spouse will share equally with your children, and your spouse may receive only a minimum one-third share. Therefore, if a young married father dies with no will, his wife and two children will each receive one-third of his assets.
Before his wife could access her part of the funds, she would need to petition the probate court in her state for proper authority and wait until the notice is properly published in the newspaper – which could take weeks or even months.
Then, if the children were minors, in order to access their shares, she would need to petition the probate court to become the conservator of the funds and purchase a security bond to guarantee that she will manage the assets on their behalf. She will also have to file reports on every penny she spends and obtain court permission for almost any transaction. When the children reach 18, she would have to turn the money over to them directly. Adult children can also demand their share and even force the wife to sell the marital house or liquidate assets in order to access the funds.
Fortunately, the process of creating a will is relatively simple, quick and inexpensive. It will ensure that your hard-earned assets end up in the hands of your loved ones and are distributed properly according to your wishes. Moreover, it will help lessen the strain and stress of your passing on your family and will help them immeasurably during a difficult time.
We have offices in Alpharetta and Atlanta Georgia; and we serve clients throughout all the counties and cities in and adjacent to the Atlanta-metro area.
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Coleman Legal Group, LLC handles cases in the following cities and communities: Atlanta, Alpharetta, Roswell, Johns Creek, Milton, Cumming, Marietta, Sandy Springs, Woodstock, Kennesaw, Gainseville, Norcross, Lawrenceville, Midtown, Inman Park, Duluth, Buckhead, Dunwoody, Vinings and Smyrna.
Our Georgia attorneys frequently handle cases for clients residing in the following counties: Fulton, Gwinnett, Forsyth, Cobb, DeKalb, Henry, Cherokee, Douglas, Carroll, Coweta, Paulding, Bartow, Hall, Barrow, Walton, Newton, Rockdale, Henry, Spalding, Fayette and Clayton.
Coleman Legal Group, LLC’s Georgia lawyers practice in the areas of Divorce, Family Law, Immigration, Bankruptcy and Business Law. We have two convenient offices located at:
Alpharetta Georgia Office
5755 North Point Parkway
Alpharetta, GA 30022
Atlanta Georgia Office
659 Auburn Avenue Northeast
Atlanta, GA 30312
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