Marietta Wills Lawyer | Last Will and Testament | Final Wishes
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Marietta Wills Lawyer

Many people view their savings and valuable property, such as a car or a house, as a representation of their hard work over the years. It may be important to you to protect your financial legacy and control where your money goes after you pass. The most common way of achieving this is by creating a Will.

A Will is a legal tool that lets you establish who will receive your assets aka your heirs and decide which of your possessions and savings they will receive. There are specific criteria to create a valid Will in Georgia, so it is recommended that you consult an experienced attorney to help clarify the process. A Marietta Wills lawyer at Nelson Elder Care Law can explain how to best outline your wishes and ensure that they will be carried out.

Elements of a Valid Will

In the state of Georgia, a court evaluates the validity of a Will based on how it was created. Most importantly, a document must clearly demonstrate your desire to give property to certain people after your death.

There are four elements that a valid Will must satisfy under Georgia law:

  • The Will must be in writing
  • The creator must be of sound mind
  • The creator must be at least 14 years old
  • The Will must be signed either by the creator or by a designated person in the creator’s presence

To make sure that your Will follows these legal requirements, it is advised that you work with a knowledgeable attorney at our Marietta office. There are specific distinctions for some of these elements, such as the requirement stating that a creator must be of sound mind.

Requirement of Sound Mind

When creating a Will, a person is considered to be of sound mind if they have the intellectual capacity to understand the implications of the document. This requirement does not prevent elderly, mentally disabled, and eccentric people from creating Wills. If you are creating a Will, you must sign it in the presence of two witnesses who also sign the document, confirming that you are of sound mind.

A skilled Wills attorney can help you get the proper signatures and ensure that your document will be considered legally valid after you pass away. Do not put off writing your Will, as dying without one can have significant consequences for your family.

What Happens if I Do Not Have a Will?

If a person dies without a will, their property will be distributed based on Georgia’s intestacy laws. This generally means that the closest living relative can claim the deceased person’s savings, home, and any other valuables. For instance, if there is a spouse and no children, the spouse will receive everything. If a deceased person leaves behind a spouse and children, the spouse receives a third of the money and property and the children equally split the remaining two-thirds.

If a person passes away without a Will and there is no surviving spouse of children, their belongings will be distributed to the following family members in order of priority:

  • Living parents and siblings
  • Siblings, including half-brothers and half-sisters
  • Grandparents
  • Uncles and aunts
  • First cousins
  • Next closest relatives

Family dynamics can be complicated, and disputes over inheritance may arise if there is no document that definitively outlines your wishes. Our attorneys are skilled at helping Marietta residents avoid these problems by drafting clear and effective Wills.

Call a Marietta Wills Lawyer Today

When you pass away, your property will pass into new hands regardless of whether you have a Will. It is important for you to create a plan to ensure your property and savings are distributed according to your final wishes.

If you want to pass on your savings and belongings to the people or organizations you care about, work with a Marietta Wills lawyer at our firm. The experienced attorneys at Nelson Elder Care can help you draft a document that gives you the final say on the inheritance of your property. Contact us today to set up a free consultation.

Hear From Our Clients
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I heard Cindy’s presentation at a Senior Luncheon at my church, and was very impressed. She helped my daughter and me understand many aspects of elder law. Josh has also been very helpful in my planning to enter an independent living situation . I have told many friends about them.

- Charlotte

The very best elder law attorney and staff anyone could ever ask for! I have referred a number of clients to Cindy and she never disappoints. She is kind, caring, and extremely thorough in making sure everything is completed as it should be. I highly recommend Cindy for anyone needing lawyer services; she truly goes above and beyond for every client she helps and has had a huge impact in so many peoples’ lives. Thank you, Cindy and staff, for everything that you do- I’m so glad to know you!

- Kerri

Cindy and the Nelson Elder Care Law team are trustworthy and helpful. They are the experts in elder care law. At Leaf Cremation, we entrust our families to the care of the Nelson team when their services are needed.

- Pierce

Josh Nelson, and his staff, have been amazingly helpful to our family. The ins and outs of nursing homes, the rules and regulations that govern Medicare and Medicaid are daunting and the folks at Nelson Elder Care Law have been informative, responsive, and above all, empathetic. I cannot emphasize enough how their service has taken a weight off of our shoulders especially during a world pandemic that has targeted nursing homes across our country. I highly recommend retaining Josh and his firm!

- Marcia

I had a simple legal question to them that I needed answered and they very helpful in giving me the information I needed. I highly recommend them and will reach out to them if I need more advice or assistance. Thank you for taking your time to just answer a couple of questions I had!

- Ben