Most people know that if you care who gets your assets after you die, you should create a will setting out your intentions. Let’s look now at several important aspects about wills that a surprisingly large number of people don’t know.
What do you know about the subject of wills? You likely have heard of them, but may not have created your own. Regardless, there are some facts about wills everyone should know.
A recent Daily Finance article, titled “4 Things You Didn’t Know About Wills – But Should,” provides a few of those facts to bear in mind whether you have a will already or may create one someday.
Even in the Electronic Age, You Must Still Follow the Formalities. The laws covering wills are some of the oldest we have in this country. The ownership and postmortem (after death) transfer of property has been going on long before the United States was around. One frequent complaint is that the laws and the courts are not keeping up with technology. Even with our Smartphone and eSignatures, creating a will that is going to be found valid still requires that you follow the often-antiquated laws precisely. In Georgia, it is critical that you sign the will in the presence of two witnesses and the witnesses’ signatures are notarized in order to have a “self-proving will,” thereby eliminating the need for the witnesses to later testify in court as to the will’s validity.
A Will is a Good Idea Even if You’re Poor. Many young people, and those who believe they are of modest means, do not think they need to create a will. They think that with little or no assets, they do not have anything to leave. However, if you are a parent of any minor children, many states provide that your will is the place where you appoint the person you would like to take care of your children in the event you pass away. If you do not choose a guardian, then a judge will decide.
If You Don’t Update Your Will, the Law Might Do It for You. When major life events occur, like marriage, divorce, the birth of a child, or the death of a close family member, people many times fail to update their wills and other estate planning documents. This can result in undesirable results in some circumstances. In light of this, the laws in Georgia may “rewrite” your will for you … even if you deliberately choose to do nothing.
Your will is an essential and vital legal device to ensure that your property passes to the individuals you intend to inherit it after your death. By heeding these simple reminders and others from an experienced estate planning or elder law attorney, you can use your will to more effectively avoid mistakes that can cause huge problems down the road.
Suggested Key Words: Estate Planning, Wills, Elder Law, Guardian
“On the threshold of retirement, we finally decided to quit thinking we could self-prepare the requisite documents. We had previously had only a very simple will. We needed the necessary legal (including updated will) & health care docs but didn’t want to deal with the time & complication of legalese. Cindy made the process relatively painless. She took the time to explain and answer questions without trying to upsell services. We were done in 2 meetings plus the reading of emailed drafts. In addition to preparing the documents, Nelson Eldercare will be there when our adult children need advice on executing the plans we’ve put in place.So glad it’s behind us and would recommend Cindy and her helpful staff.”
Cindy and her company treat their clients like family. Nelson’s offers clear, direct, and honest guidance in planning for your families security and future. No one wants to actively sit down and make these decisions, but Nelson’s makes this process seamless. I was so impressed with their willingness to answer all questions big or small. So glad I made the decision have them help my mom and dad and now me. You can’t go wrong with Nelson’s Elder Care Law.
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!
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.
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.