Estate Planning Attorney in Northeast Georgia

Yes. Even with a revocable living trust, you should have a "pour-over will" that captures any assets not transferred into the trust during your lifetime.

Assets left outside the trust may still need to pass through probate, but the pour-over will directs them into the trust so they are distributed under its terms rather than Georgia's intestacy rules.

Review your estate plan every three to five years, and whenever a major life event occurs.

Common triggers include marriage, divorce, the birth of a child or grandchild, a significant change in assets, the death of a named beneficiary or executor, and changes in Georgia law. Plans drafted more than ten years ago often name people who are no longer part of your life or rely on outdated rules.

If you die intestate (without a valid will) in Georgia, your assets are distributed under Georgia's intestate succession statute, O.C.G.A. § 53-2-1. If you are married with children, your spouse and children share the estate, and your spouse receives at least one-third.

If you are unmarried with no children, your estate passes to your parents, then your siblings, then more distant relatives in an order set by statute. The result may be very different from what you would have chosen.

You can, but it is risky. Georgia does not recognize unwitnessed handwritten (holographic) wills. Every will, whether handwritten or typed, must be signed by you and by two competent witnesses (O.C.G.A. § 53-4-20). Templates also tend to miss blended-family issues, business interests, and property in other states.

A will that is not properly executed can be denied probate, leaving your estate to pass under the intestacy rules. A professionally drafted will costs far less than the litigation a defective one can cause.

A Georgia financial power of attorney, governed by the Uniform Power of Attorney Act (O.C.G.A. § 10-6B-1 and following), authorizes an agent you choose to manage your financial affairs, including banking, real estate, and business decisions. It can remain effective if you become incapacitated.

A Georgia Advance Directive for Health Care names a health care agent to make medical decisions for you and records your treatment preferences if you cannot communicate them. Both documents belong alongside a will or trust, and both have specific signing and witness requirements.