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
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