Atlanta Last Wills & Testaments Attorneys
Let Our Estate Planning Firm Help You Draft a Comprehensive Will
When you seek to create a will as part of your estate plan with the Meyring Law Firm, having a knowledgeable wills and estates attorney by your side will give you peace of mind and ensure the effectiveness of your will.
As self-prepared and program-generated wills are often ineffective, having a skilled lawyer in your corner will give you confidence that your estate plan’s objectives will be accomplished. Our goal as your wills and estates attorneys is to do everything we can to make the process easier and educate you in a plainspoken manner.
The estate planning lawyers at Meyring Law Firm have more than a decade of experience as wills attorneys, so don’t hesitate to give us a call today at (678) 257-3332 if you have questions about drafting a last will and testament.
What Type of Will Should I Include in My Estate Plan?
Clients throughout Atlanta turn to Meyring Law Firm whenever they need assistance drafting simple or complex wills with testamentary trusts and special provisions that address each individual client’s planning goals. When life insurance benefits are directed to the estate, a “complex” will with a testamentary trust may provide for the support, education, and healthcare of minor children for years after the will is probated.
Client want us to draft their wills for the following purposes:
- Leave property to individuals or organizations
- Name a personal guardian for your children’s care
- Name an executor to carry out the wishes of your will
- Name a trusted person to manage property that is left to minor children
Requirements of a Will
After our legal professionals have drafted your will and set you up with the right health care advance directives and financial powers of attorney, you’ll have opportunities to update the will in case any major changes in your life occur through a codicil. Our law firm can help you create the will, update the will, and ensure that it remains in line with the specific requirements.
Requirements for a last will and testament in Georgia include:
- The testator must be a minimum of 14 years old
- The testator must be of sound mind and memory
- Must be in writing and signed by the testator or within their presence
- Two or more witnesses must sign the will in the testator’s presence
- Wills must make a disposition of property
Is There a Difference Between a Will & a Trust?
You’ve likely heard the terms wills and trusts used almost interchangeably, but there are distinct differences between the two. As discussed, a will is a written document that has been signed and witnessed, demonstrating how your property will be distributed once you pass away; it also can outline the guardianship of children. A trust, however, establishes a lifetime management plan to manage property actively for its duration of use.
Trusts must be actively funded, set up to control the assets placed within it; while a will passes assets along and essentially moves on. Depending on the circumstances, such as who the recipient is of your assets after your passing and whether or not you want the management of assets, you can determine which is the right avenue for your estate. The trust will involve far more upfront effort and expense but has a more dynamic set of options to handle your assets after your passing, so it really depends on what assets you have at the time of your passing.
How Do I Contest a Will?
While varying by state, the method to contesting the outcome of a will is determined by probate law. Typically, wills can only be contested by spouses, children, or individuals named either in the will or a previous will. The process begins when an individual, through legal representation, informs the courts that they believe there is a problem in the will.
Four primary reasons inform a contest of a will:
- How the will is signed and witnessed
- The mental capacity of the testator at the time of the signing
- If the testator is being unduly influenced by a full-time caretaker that has taken complete day-to-day control of assets
- Outright will fraud
This places the utmost emphasis on hiring proper legal counsel to facilitate and bear witness to the formulation of a will, as it will bind the document in a stronger legal context. As you can see by the four reasons listed above, these are largely removed as questions when working with an experienced legal team that has knowledge of probate and estate law.
A Comprehensive Will Can Protect Your Estate
Our wills and trusts attorneys can help support a will that is presented to the probate court when someone challenges it, and we will also contest wills for clients who need to challenge the validity of questionable wills. Our lawyers specializing in wills are dedicated to helping our clients with will challenges in the probate court and disputes over intestate estates; known as estate litigation. We proudly help families throughout Atlanta with estate disputes through negotiation, mediation, and ultimately litigation if and when necessary.
If you happen to die in the absence of a will, your property will be distributed based on Georgia’s intestacy laws, which give your property to your relatives based on how close they are in relation to you. For example, if you do not have a spouse or children, your grandchildren or parents will receive your property. With the right last will and testament, you can make sure that your property is accurately distributed to the beneficiaries you have selected.