Making a Will.

[GAgunLAWbooklet]

Yeah, to what Heavy D said. I'm not an estate planning lawyer, but most attorneys can, and do, help people make basic wills, and complete the "Advance Directive for Healthcare" (the standard model of which is actually in the O.C.G.A. statute itself) and the Financial Power of Attorney (also a standard form, to be taken directly from the O.C.G.A.).

I don't see much advantage to a trust for normal people of ordinary means and assets. Wills are quick and pretty easy to probate in Georgia. If you know you are on your way out, you can give away your assets inter-vivos (while you live) and then pass away without any "estate" to distribute, so then no probating of the will is even required.

But if your CPA or tax adviser recommends doing a trust for tax benefits, see an attorney whose primary practice area is estate planning (I recommend Robert S. Meyring of The Meyring Firm in Vinings).

HOWEVER, even though I don't recommend trusts over wills, I do strongly recommend having a will over NOT having a will. Dying intestate with an estate to be distributed is a P.I.T.A. to your heirs and whatever relative of yours is saddled with the task of being the administrator of your estate. DO get a WILL.

 

[DADI03]

I don't remember what we paid but we used a lawyer. It wasn't expensive though. My dad didn't have one when he died, it made for a lot of headaches for me to get everything straight. I would use a lawyer though. We are about to redo ours because the spouse of the couple who was going to get our kids died.

 

[MacTavish]

Yes, use an Attorney for this effort. If you have children you might want to leave the estate to them "per stirpes" rather than "per capita". You can also put a non-contestability clause
in your will to prevent in-fighting between heirs.
If you die intestate, no will, the State will take over your estate and that is not good.

 

[mfoster]

In for more responses. We have 3 kids and want to make sure our wishes for them are followed.

You need a will asap.those children become property of state,if you and wife go at same time.

 

[TapcoFan]

Yes, use an Attorney for this effort. If you have children you might want to leave the estate to them "per stirpes" rather than "per capita". You can also put a non-contestability clause
in your will to prevent in-fighting between heirs.
If you die intestate, no will, the State will take over your estate and that is not good.

This is wrong. If the decedent dies intestate, his property will go into probate and go to his spouse. If his spouse is predeceased, then it will be distributed per stirpes and his descendants will take by representation. If the decedent leaves no issue, than the estate goes to parents. If the parents are predeceased, the probate court will go until the next of kin is found. The decedent's property will not automatically escheat. Some states cut off at second cousins, but Georgia does not.

 

[RiverBend]

I used a local law firm (Boling Rice LLC) in Cumming, and had my Will, Power of Attorney and "Living Will" or Medical Directive and they are called in Ga. they did everything I just filled in the blanks for the final documents they had the witnesses required and the NP, and I really thinks its is well worth the $350 it cost me. I had previously had mine and my Wife's doe there and then my Wife Dies of Cancer a few years later, then the paperwork nightmare began I couldn't even write a check on our joint account, I went to the law firm and they took over got the "Letter Testamentary" done and probated the will and all was much easier, without their help I would've been lost at a time of great grief. So, in short, have it all done by a local law firm you can call on if needed regarding the documents they did and still have on file so if you have to make a change, you just ,ark up a copy, they redo it and the charge for a redo is considerable less than the initial for all 3 documents.

 

[spistols]

In as well.

 

[The Old Jaybird]

Wife and I had ours done about 15 years ago, used an attorney, it was $500.00 for both of us. All the stuff heavyd posted above was included too.

 

[Leatherhead]

You should definitely use an attorney. I charge $300 for a basic will package. That includes a will, self-proving affidavit, financial power of attorney, acceptance of appointment, and a healthcare directive. This is everything you need.

I need to come see you to have will rewritten....

 

[YOTESHOOTER]

In for more responses. We have 3 kids and want to make sure our wishes for them are followed.

You may want a trust depending on the ages of your children...

just a simple suggestion to strongly consider...