A Will is an important part of planning for the future. It is important to remember that a Will is not just for the writer (the “Testator”), but that a Will assists those the Testator leaves behind. The Will can guide the disposition of assets, provide for a Guardian and Trustee for an underage child and his or her property, help the Estate avoid tax implications, and more.
An unfortunately frequent occurrence in Georgia is something that has come to be called “Heir Property.” Heir Property is typically real estate that has passed from an original owner who had no Will through his family members and into many fragmented ownership interests. Trying to sell Heir Property can be very difficult, as those heirs start to scatter, disagreements may arise among family members, and one or more partial owners may spend money to preserve the property. A Will is a simple way to avoid Heir Property, as a Testator can devise his property to named beneficiaries who will then be able to sell or use the property. Often a person wishes to change or revoke a Will he or she has already executed. Georgia has very specific laws on changing and revoking a Will, and often an attempted change can have an unintended effect: revocation. It is important to consult a lawyer if you wish to change or revoke a Will. Many people write or re-write Wills when a major life change occurs: marriage, divorce, birth of a child, or a death in the family. These are all important times to consider the status of your Will, but anyone who owns any property and would like to control the disposition of his assets should consider a Will. The Attorneys of Quarterman Hodson & Morang, P.C. are experienced in drafting Wills and can assist you in writing, changing, or revoking you Will.