Kristyne Seidenberg Law
The Law Offices of Kristyne L. Seidenberg, Esq.
Focused on Estate Planning, Fiduciary Law, and Education Law
You may not realize it, but you have already made many estate planning decisions. If you own any tangible or intangible property, you have an estate. CHOOSING TO NOT HAVE A WILL IS A SERIOUS ESTATE PLANNING
DECISION. How you have titled your property is an estate planning decision that you must be aware of. Other than a will, there are other estate planning documents that are important to consider, ESPECIALLY IF YOU HAVE CHILDREN OR OTHER DEPENDANTS. Some of those documents include:
A Durable Power of Attorney, which gives another the power to act on your behalf; Advance Directives for Healthcare, which serve the purpose of giving the maker control over decisions that need to be made about health-care if the maker is unable to do so. A very important estate planning consideration for adults with minor children is the naming of a guardian (and at least one or two alternate guardians) should both parents not survive. You may also want to consider setting up a trust for the benefit of the minor child/children. Tax issues are another very serious estate planning consideration. Kristyne L. Seidenberg offers the following services in the areas of Estate Planning and Fiduciary Law:
What happens if I die without a will in Georgia?
If you die without a will in Georgia, your assets will go to your closest relatives under state “intestate succession” laws. To find out who inherits assets under intestate succession (no will present) -- generally, solely-owned property for which no beneficiary has been formally named, such as a house – Georgia Law will take over. Every state has "intestate succession" laws that parcel out property to the deceased person's closest relatives. This requires court involvement. If you choose to not have a will, you must understand that it may be necessary to involve the Court to administer your estate. Your loved ones will be burdened with this process.
Dying without a valid will in Georgia is a very serious estate planning decision. This is so for many reasons, but mostly because the state of Georgia will have an estate plan implemented for you based on the law. This is called intestate succession and, quite likely, it will be expensive, inconvenient, and expressly not what you would have wanted. The cost of having a valid will prepared by a legal professional during your lifetime (while you are of capacity) can be far outweighed by the cost of your administrator being required to post a bond, litigation, or even worse, family discord.