Marietta Will Attorney | Hire A Wills Lawyer In Marietta

Marietta Will Attorney - Marietta Wills Lawyer - Wills Lawyer In Marietta

Looking for a will attorney in Marietta

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.

Table of Contents

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What Is A Will?

A will is a legal document outlining your final wishes for your assets. 

It gives clear instructions for distributing your possessions. 

The document states if assets will go to an individual, a group, or a charity.

Our will attorneys in Marietta set up your will to address issues with:

  • dependents
  • account management
  • financial interests

Why Hire Our Will Attorneys In Marietta

Our will lawyers in Marietta will help you with your estate plan with:

  • Expertise: Will attorneys understand the legal requirements and can help you create a valid and enforceable will.
  • Customization: They can tailor your estate plan to your specific needs, ensuring your assets are distributed according to your wishes.
  • Minimize Disputes: A will lawyer in Marietta can help reduce the likelihood of family disputes by clearly defining your intentions and addressing potential issues.
  • Tax Planning: They can help you minimize estate taxes and maximize the inheritance for your beneficiaries.
  • Complex Situations: Will attorneys can navigate complex estate planning scenarios, such as blended families, business succession, or international assets.
  • Updating: Our will lawyers can advise you on when and how to update your estate plan to reflect changes in your life or the law.
  • Peace of Mind: Hiring a will attorney in Marietta ensures your estate plan is well-structured, giving you confidence that your loved ones will be taken care of.

How A Will Works

A will outlines how your assets and properties will be distributed after you pass. 

Our Marietta will attorneys will help you:

  • designate beneficiaries
  • specify the amounts or items they will receive
  • establish guardianship for any surviving dependents

The will appoints an executor responsible for:

  • managing the estate 
  • ensuring the deceased’s wishes are carried out

After the person’s death, the executor submits the will to Cobb County probate court.

The courts oversee the process of:

  • validating the will 
  • distributing the assets accordingly

In addition to distributing assets, a will can also contain instructions for:

  • paying debts and taxes
  • leaving assets to charities or organizations
  • specifying funeral arrangements

Our will attorneys in Marietta ensure that:

  • your wishes are carried out
  • your estate is settled how you want it to be

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: Joint tenancy with rights of survivorship means the property automatically passes to the surviving co-owner, bypassing the will.
  • Assets With Designated Beneficiaries: Life insurance policies, retirement accounts, and payable-on-death accounts pass directly to named beneficiaries, separate from the will.
  • Funeral Instructions: Wills are often read after the funeral, so it’s better to provide funeral instructions in a separate document shared with family or the executor.
  • Conditions Based On Marriage Or Divorce: Avoid conditions that encourage beneficiaries to marry, divorce, or change religions, as they could be deemed unenforceable.
  • Gifts To Pets: Pets cannot legally own property. Instead, establish a pet trust or designate a trusted caregiver to inherit assets for pet care.
  • Illegal Gifts Or Requests: Including illegal requests or gifts in a will could invalidate parts or the entire document.
  • Personal Sentiments Or Explanations: Wills should focus on the distribution of assets. Express personal feelings or explain decisions in a separate letter of instruction.

Our Marietta will attorneys will walk you through how to handle these items. 

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

What Our Wills Include For You

Our will attorneys in Marietta will set up an entire will packet for you. 

These will packets include:

  • Last Will And Testament: The main document that outlines how your assets will be distributed, names beneficiaries, and appoints an executor to manage the estate.
  • Living Will: A document that specifies your healthcare preferences and end-of-life decisions in case you become incapacitated.
  • Durable Power Of Attorney: A legal document that grants a trusted individual the authority to make financial and legal decisions on your behalf if you are unable to do so.
  • Healthcare Power Of Attorney: A document that designates a trusted person to make medical decisions for you if you become incapacitated.
  • Guardianship Designation: A section in the will or a separate document that appoints a guardian for minor children or dependents with special needs.
  • Letter Of Instruction: An informal document providing guidance to your executor or family members about your wishes for personal matters, such as funeral arrangements or digital assets.
  • 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 applicable, documents establishing and outlining the terms of any trusts created for beneficiaries. Pour-over wills get combined with trusts. 

What Information Should Be Included in a Will

A will should include the following:

  1. Personal Information: Your full name, address, and date of birth.
  2. Declaration: A statement that the document is your last will and testament and that you are of sound mind.
  3. Executor Appointment: Name the person responsible for managing and distributing your estate.
  4. Alternate Executor: Name a backup executor in case the primary executor cannot fulfill their duties.
  5. Asset Distribution: Clearly specify how your assets, such as real estate, bank accounts, and personal belongings, should be distributed among your beneficiaries.
  6. Guardian Appointment: Name a guardian for any minor children or dependents, and an alternate guardian if needed.
  7. Trust Creation: If applicable, set up trusts for beneficiaries who require special care or financial management.
  8. Debts And Expenses: Outline how debts, taxes, and final expenses should be paid.
  9. Charitable Donations: If desired, include instructions for any charitable contributions.
  10. Residual Clause: Include a provision for distributing any remaining assets not explicitly mentioned in the will.
  11. Signature And Date: Sign and date the will in the presence of two witnesses, who should also sign and date the will forms.

What Are The Benefits Of Having A Will?

Having a will offers several benefits:

  • Control Over Asset Distribution: A will allows you to decide how your assets will be distributed among your beneficiaries, ensuring your wishes are followed.
  • Protection For Dependents: You can designate guardians for minor children or dependents with special needs, providing them with stability and care.
  • Reduced Family Conflicts: Our Marietta will lawyers will set up a clear will can prevent disputes among family members by explicitly stating your intentions.
  • Choice Of Executor: You can appoint a trusted person as the executor to manage your estate, ensuring your affairs are handled responsibly.
  • Charitable Contributions: A will lets you leave assets to your preferred charities, supporting the causes you care about.
  • Efficient Estate Administration: A well-drafted will can streamline the probate process, reducing delays and costs.
  • Flexibility: You can amend your will as circumstances change, reflecting your current wishes and circumstances.
  • Peace Of Mind: Knowing your estate will be managed according to your wishes can provide comfort and security for you and your loved ones.

Will Requirements In Marietta

In Georgia, the requirements for a valid will are:

  1. The testator (person making the will) must be at least 18 years old and of sound mind.
  2. The will must be in writing (either typed or handwritten).
  3. The testator must sign the will or have someone else sign it in their presence and at their direction.
  4. The will must be signed by at least two competent witnesses, who must also sign in the presence of the testator and each other.

Our Marietta will attorneys will make your will self-proving, too. 

In addition to these requirements, it is advisable to include clear instructions for:

  • distributing assets
  • appointing an executor
  • naming guardians for minor children if applicable

Fill out the form on this page to talk to our will attorneys in Marietta

We will ensure your will meets all legal requirements and accurately reflects your wishes.

Wills vs Trusts

Wills and trusts serve different purposes in estate planning. 

A will in Marietta

  • 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 Marietta

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

How Much Does A Will Cost In Marietta?

A will in Marietta 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 Marietta?

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 Marietta?

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 Marietta 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 Marietta?

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 Marietta

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.

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