Atlanta Will Attorney | Hire A Wills Lawyer In Atlanta

Atlanta Will Attorney - Atlanta Wills Lawyer - Wills Lawyer In Atlanta

Looking for a will attorney in Atlanta

In this article, you’ll learn about:

  • what is a will and how they work
  • what our wills include for you
  • what should not get included in a will (and what should)
  • the benefits of a will
  • the requirements for a valid will the courts will accept
  • wills vs trusts
  • how much wills cost
  • what voids a will
  • who inherits your assets when there is no will

Let’s dig in. 

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What Is A Will?

In Atlanta, a will is a legal document that outlines your final wishes for your assets. 

This document provides clear instructions on how to distribute your possessions. 

It specifies whether assets will be given to an individual, a group, or a charity. 

Our Atlanta-based will attorneys help set up your will, addressing the following issues: 

  • taking care of dependents
  • managing accounts
  • handling financial interests

Why Hire Our Will Attorneys In Atlanta

Our Atlanta-based will lawyers offer assistance in estate planning with:

  • Expertise: They know the legal requirements for valid and enforceable wills.
  • Customization: They personalize your estate plan, ensuring assets distribution according to your desires.
  • Minimizing Disputes: They clarify your intentions and address potential issues to reduce family conflicts.
  • Tax Planning: They help reduce estate taxes and increase beneficiaries’ inheritance.
  • Complex Situations: They handle complicated scenarios like blended families, business succession, or international assets.
  • Updating: They guide you on when and how to revise your estate plan for life or legal changes.
  • Peace of Mind: Hiring a will attorney in Atlanta ensures a well-structured estate plan, giving confidence that loved ones will be cared for.

How A Will Works

A will details the distribution of assets and properties after death. 

Our Atlanta will attorneys assist you in:

  • Assigning beneficiaries.
  • Determining what they receive.
  • Setting up guardianship for surviving dependents.

The will names an executor, who is in charge of:

  • Managing the estate.
  • Fulfilling the deceased’s wishes.

Upon death, the executor presents the will to the probate court. 

The court supervises:

  • Will validation.
  • Asset distribution.

A will can also include instructions for:

  • Settling debts and taxes.
  • Donating to charities or organizations.
  • Organizing funeral arrangements.

Our Atlanta will attorneys ensure:

  • your wishes are followed 
  • your estate is settled according to your preferences

What Shouldn't Be Included in a Will

There are certain items you won’t include in your last will and testament, like:

  • Jointly Owned Property: Property held in joint tenancy with rights of survivorship automatically transfers to the surviving co-owner, skipping the will.
  • Assets With Designated Beneficiaries: Life insurance policies, retirement accounts, and payable-on-death accounts pass directly to named beneficiaries, independent of the will.
  • Funeral Instructions: Since wills are often read after the funeral, provide funeral instructions in a separate document shared with the family or the executor.
  • Conditions Based On Marriage Or Divorce: Do not include conditions encouraging beneficiaries to marry, divorce, or change religions, as they may be unenforceable.
  • Gifts To Pets: Pets cannot legally own property. Set up a pet trust or choose a trusted caregiver to inherit assets for pet care.
  • Illegal Gifts Or Requests: Including illegal requests or gifts in a will might invalidate parts or the entire document.
  • Personal Sentiments Or Explanations: Wills should focus on asset distribution. Share personal feelings or explain decisions in a separate letter of instruction.

Our Atlanta will attorneys can guide you through the process.

And we can set them up for you with your estate planning. 

What Our Wills Include For You

Our Atlanta-based will attorneys can create a comprehensive will packet for you. 

This packet contains:

  • Last Will And Testament: This primary document details asset distribution, names beneficiaries, and assigns an executor to oversee the estate.
  • Living Will: This outlines your healthcare preferences and end-of-life decisions if you become incapacitated.
  • Durable Power Of Attorney: This legal document grants a trusted person the power to make financial and legal decisions on your behalf if you cannot.
  • Healthcare Power Of Attorney: This designates a trusted individual to make medical decisions for you in case of incapacitation.
  • Guardianship Designation: This part of the will or a separate document names a guardian for minor children or dependents with special needs.
  • Letter Of Instruction: This lists beneficiaries for assets not included in the will, such as life insurance, retirement accounts, or payable-on-death bank accounts.
  • Beneficiary Designations: A list of beneficiaries for assets not covered by the will, such as life insurance policies, retirement accounts, or payable-on-death bank accounts.
  • Trust Documents: If relevant, these documents establish and define the terms of any trusts created for beneficiaries. Pour-over wills are combined with trusts.

What Information Should Be Included in a Will

A will should have the following parts:

  • Personal Information: Include your full name, address, and date of birth.
  • Declaration: State that this is your last will and testament and that you are mentally sound.
  • Executor Appointment: Name the person who will manage and distribute your estate.
  • Alternate Executor: Choose a backup executor if the first one cannot perform their duties.
  • Asset Distribution: Explain how your assets (real estate, bank accounts, personal belongings) should be shared among beneficiaries.
  • Guardian Appointment: Select a guardian for minor children or dependents, and an alternate guardian if necessary.
  • Trust Creation: If needed, establish trusts for beneficiaries needing special care or financial management.
  • Debts and Expenses: Describe how to pay debts, taxes, and final expenses.
  • Charitable Donations: If you wish, provide instructions for charitable contributions.
  • Residual Clause: Add a provision for distributing assets not specifically mentioned in the will.
  • Signature and Date: Sign and date the will with two witnesses present, who must also sign and date the document.

What Are The Benefits Of Having A Will?

Having a will offers several benefits:

  • Control Over Asset Distribution: It lets you decide how to distribute your assets among beneficiaries, ensuring your wishes are respected.
  • Protection For Dependents: You can assign guardians for minor children or dependents with special needs, offering stability and care.
  • Reduced Family Conflicts: Clear wills drafted by our Atlanta will lawyers can prevent disputes by clearly stating your intentions.
  • Choice Of Executor: Appoint a trusted person to manage your estate, ensuring responsible handling of your affairs.
  • Charitable Contributions: You can leave assets to your favorite charities, supporting the causes you value.
  • Efficient Estate Administration: A well-written will streamline the probate process, reducing delays and costs.
  • Flexibility: Amend your will as circumstances change, reflecting your updated wishes and situation.
  • Peace Of Mind: Be assured that your estate will be managed according to your preferences, providing comfort and security for you and your loved ones.

Will Requirements In Atlanta

In Georgia, a valid will must meet certain criteria. 

The person creating the will (the testator) must be:

  • at least 18 years old 
  • mentally capable

The will must be written, either typed or handwritten

The testator should sign the will or have someone sign on their behalf in their presence and under their instruction.

Additionally, at least two competent witnesses must sign the will. 

They should do so in the presence of the testator and each other. 

Our Atlanta will attorneys can make your will self-proving as well.

It’s also recommended to provide clear instructions in the will. 

These should cover:

  • asset distribution
  • executor appointment
  • naming guardians for minor children if needed

To speak with our will attorneys in Atlanta, complete the form on this page.

Our team will ensure your will:

  • meets all legal requirements 
  • accurately represents your intentions


Wills vs Trusts

Wills and trusts serve different purposes in estate planning. 

A will in Atlanta

  • outlines how your assets will be distributed after your death 
  • appoints an executor to oversee the process 

It goes through probate, which can be time-consuming and public. 

Wills can also include guardianship provisions for minor children.

A trust is a legal arrangement where a trustee manages assets for the benefit of named beneficiaries. 

Trusts can be created during your lifetime or upon your death. 

They often avoid probate, providing faster distribution of assets, privacy, and potential tax benefits. 

Tusts can also offer more control over asset distribution.

This includes setting conditions or a timeline for beneficiaries to receive assets.

FAQs For Will Attorneys In Atlanta

These are the most common questions our will lawyers in Atlanta get asked.

How Much Does A Will Cost In Atlanta?

A will in Atlanta costs between $1,500-$2,500.

This includes: 

  • Last Will And Testament
  • Living Will
  • Durable Power Of Attorney
  • Healthcare Power Of Attorney
  • Guardianship Designation
  • Letter Of Instruction
  • Beneficiary Designations

Simple wills are on the more affordable side. 

While complex estates with lots of assets are on the higher end. 

Who Inherits When There Is No Will In Atlanta?

In Georgia, when there is no will, the intestacy laws determine inheritance. 

The deceased’s spouse and children are the primary inheritors. 

If the deceased had no children, the spouse inherits everything. 

If there are children, the spouse and children share the estate equally, but the spouse’s share cannot be less than one-third.

If there is no spouse or children, the estate passes to the deceased’s parents. 

If the parents are also deceased, the estate is divided among the deceased’s siblings. 

If there are no siblings, the estate goes to the closest living relatives, such as grandparents, aunts, uncles, and cousins.

Georgia’s intestacy laws aim to distribute assets based on the closest surviving relatives, following a specific order. 

It is essential to have a will to ensure your assets are distributed according to your wishes.

What Voids A Will In Atlanta?

In Georgia, several factors can void a will:

  • Lack Of Testamentary Capacity: If the testator (the person creating the will) lacked mental capacity at the time of signing, the will can be declared invalid.
  • Undue Influence Or Coercion: If someone pressured or manipulated the testator into making the will or specific provisions, the will can be voided.
  • Fraud: A will can be voided if the testator was deceived into signing it or if false representations were made regarding its contents.
  • Improper Execution: Georgia law requires that a will be in writing, signed by the testator, and witnessed by at least two competent individuals. Failure to meet these requirements can void the will.
  • Subsequent Will Or Codicil: If a newer, valid will or codicil (an amendment to a will) is discovered, it can override the provisions of the previous will, rendering it void.
  • Revocation: A testator can intentionally revoke a will, either by physically destroying it or by creating a new will that explicitly revokes the previous one.

Our Atlanta will lawyers will make sure your will is valid. 

That way, you don’t have to worry about your estate going to intestate.

Does Surviving Spouse Inherit Everything In Atlanta?

In Georgia, a surviving spouse does not automatically inherit everything.

If the deceased had a valid will, the assets are distributed according to the will’s provisions. 

If there is no will, Georgia’s intestate succession laws apply.

Hire A Wills Lawyer In Atlanta

If you want to secure your legacy with our exclusive estate planning services, fill out the form below. 

At The Hive Law, we understand the importance of:

  • protecting your hard-earned assets 
  • ensuring your family’s future

We only accommodate a limited number of clients each month.

So don’t miss your opportunity to work with our esteemed estate planning attorneys.

Benefits of our estate planning services:

  • Tailored solutions to fit your unique needs and goals
  • Expert guidance in navigating complex tax and legal matters
  • Preservation of your wealth for future generations
  • Streamlined asset distribution according to your wishes

Avoid the pitfalls of inadequate estate planning:

  • Creditors seizing your assets
  • Lawsuits jeopardizing your family’s financial security
  • Family disputes over inheritance
  • Costly and time-consuming probate processes

Talk soon.

Get A FREE Consultation!

We run out of free consultations every month. Sign up to make sure you get your free consultation. (Free $350 value.)

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