Many issues can arise during the Estate Planning process. The requirements to create an Estate Plan are not complex, but it is essential that whatever documents you use to create this plan are clear concerning your intent. An unclear plan can result in an Estate entering Probate under the state’s Intestacy laws, distributees fighting over property, or the improper payments of Estate debt.
Any of these outcomes could leave your heirs, Beneficiaries, and creditors unclear to their rights and significantly delay or necessitate additional Probate. Identifying some of the common issues with Estate Planning in Woodstock could help you to participate in more effective Estate Planning and provide you with greater peace of mind. Our experienced lawyers at Nelson Elder Care Law can help you identify many of these issues and ensure that they do not hamper your heirs’ ability to inherit.
Anyone over the age of 14 and of sound mind are able to create a Will that speaks as to their desires after death. However, the written form of the Will must contain certain elements in order to be considered valid.
According to the Official Code of Georgia Annotated § 53-4-20, you must sign the Will personally or order another person to sign it on your behalf in your presence. Additionally, two other parties must witness the signing of the Will and sign the document themselves in your presence.
Similar rules concern the creation of Trusts. You must have the intent to create the documents. Additionally, you must sign the document in the presence of a notary, who will affix a seal to the document. Our well-practiced lawyers in Woodstock can help you create Wills and other testamentary documents that meet the legal requirements to avoid legal issues.
Even before you drafts your Will or Trust document, it is vital to take stock of your assets and liabilities. This helps to both educate you as to your financial situation and to leave no detail unresolved when creating testamentary documents that distribute those assets.
This process is especially vital if a Probate court declares a Will to be invalid. When this occurs, the court will ask the executor of the Estate to attempt to prove the Will. In other words, your Estate Administrator must determine your intent through witness testimony or other writings.
Similar processes can result if parties contest the legality of a trust. Invalidations of any testamentary document can see an Estate rendered Intestate. This means that a Probate court will distribute property to heirs according to O.C.G.A. § 53-2-1. A failure to account for all assets and beneficiaries is a common issue with Estate Planning in Woodstock.
Comprehensive Estate Planning requires you to understand the potential issues that may arise. These generally concern the proper creation of these documents. This includes both ensuring that Wills and Trusts take a proper form and working to create content that satisfies all your needs.
Working with our seasoned lawyers at Nelson Elder Care Law could help you to avoid these common issues with Estate Planning in Woodstock. Our attorneys can take the lead to identify potential problems and enact proactive steps that work to limit the potential impact of these issues. Call today.
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