FROM THE LEGAL PAD
Some Thoughts on Last Wills*
TO Will Or Not To Will!
People do not like to think about their own death since
it reminds them of their own mortality. However, the only way to
be certain that what you leave behind will be handled according to your
wishes is to leave a Last Will and Testament. If this is not done,
then Georgia Law will determine how your property will be distributed.
Further, the expenses of administration will generally be higher without
a Will. The legal formalities of a proper Will are determined strictly
according to law. Therefore, the average person should have a Will
prepared by a qualified attorney-at-law. Surprisingly, the fees for
this service do not have to be expensive. Even though your estate
might be small, the fee for a properly prepared Will is even smaller when
compared with the burden which might be placed on your heirs when there
is no Will.
For example, Georgia Law says that a widow or widower
stands on the same footing as children when it comes to distributing an
estate when one dies "intestate" (without a Will). This would mean
that if you were killed in an automobile accident and left a spouse and
two children, that your spouse would only be entitled to one-third of your
estate.If your children happened to be under age, two-thirds of the estate
would be "tied up" and must be preserved for the benefit of the children
until they reached the age of majority. Most people in this position,
would want their spouse to be able to take all of their estate because
they would know that the spouse would see to the welfare of the children.
The lack of a Will would leave a spouse with their hands tied. A
properly drawn Will can prevent this from occurring. This is only
one instance of where the law would be contrary to the usual wishes of
a deceased individual.
Although the preparation of a Will is not overly complicated,
there are grave dangers in an individual attempting to prepare their own
Will through a "kit" or a form from an office supply house. There
are many pitfalls awaiting such an individual. The distribution of
a person's estate after their death is a very important matter, and one
should no more attempt to treat it lightly than to perform their own open
heart surgery. "Kits" to enable you to prepare your own Will should
be put on the same shelf in the book store as books on "Become A Brain
Surgeon in Ten Easy Lessons". Further, laws governing Will requirements
and distribution of property after death are governed by state law, and
anyone moving into this state or from this state to another state with
a Will, should have it reviewed by an attorney licensed by that state.
Will Are Not Carved In Stone!
A person's circumstances in life regarding his or her needs
and financial condition normally changes several times over a lifetime.
A Will prepared when you are young and have small children will not reflect
your wishes after the children are grown. Further, marital status
can change and some people have children from more than one marriage.
For this reason, a copy of your Will should be left available for you to
review at various times to ensure that it still provides adequate coverage
of those things which you would be concerned with after your death.
Generally speaking, anytime that a divorce is granted,
your Will is automatically revoked by operation of law. Further,
a marriage or remarriage will automatically revoke a Will prepared prior
to that occurrence.This rule of law is based upon the idea that normally
such an event would make a person want to change any disposition that he
had made of his property and estate following his death. The law
recognizes that people many times do not follow through on making such
changes and so attempts to protect a person by voiding a Will upon divorce
or remarriage.
There is a provision in Georgia law providing for a "Year's
Support" for the surviving spouse and/or minor children regardless of the
contents of a Will. This becomes very important when there has been
a remarriage with children from a prior marriage, whether the children
are minors, in which case they would be entitled to a "Year's Support",
or adults, in which case they would not be so entitled. A surviving
spouse in this situation would be entitled to a grant of "Year's Support."
Regardless of the provisions made in a Will for children from a prior marriage
or for a new wife, care must be taken that the potential of this "invisible"
bequest be considered by the person making a Will.
A Will is prepared is accordance with formalities of the
state in which you are a resident at the time that the Will is made.
In the event that you move from that state into another state or country,
the Will should be examined by a qualified attorney in that new state or
country to see that it meets the requirements of your new home. (Copyright
1987, Homer M. Scarborough, Jr.)
* The opinions expressed in From the
Legal Pad are based on the laws of Georgia in force at the time of
the Copyright notice, and are not intended in any way to replace the neccessity
and need of conferring with a private attorney as to the laws existing
in your State and jurisdication. Further, each situation is unique
and the opinions herein are are general.
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