Please see these answers to some of the most commonly-asked questions regarding Wills, Trusts, Advance Directives, and Powers of Attorney. And don’t hesitate to contact The Will Center for further assistance!
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General Questions
Your estate should be probated by filing a petition and an Administrator will be appointed. Your estate will be distributed pursuant to the laws of your state. This includes granting money and property to those that qualify by relationship and not by merit.
If you die with a Will in place, the Will should be offered into Probate. The court will appoint the Personal Representative you have chosen (in most circumstances) and grant them the power to carry out the terms of the Will.
There are generally 2 broad types of Trusts, testamentary trusts and inter-vivos trusts. The testamentary trust is a part of your Will prepared by The Will Center (except for the Snap Will). It grants money or property that typically would have been issued to a minor (or other individual) to a Trustee to hold until the minor reaches a certain age, or achieves a certain milestone, all to be determined by you. Inter-vivos trusts are stand alone, living, trusts which you fund and become legal entities. If you are interested in a living trust, contact us at The Will Center to refer you to an attorney for a free consultation.
Living Trusts should be specially crafted to your circumstances after receiving legal advice. Further, there are strict rules regarding funding of the trust, as property must be titled in the name of the trust, or moved into the trust with appropriate documentation. Should this be your choice, contact us to take your information to prepare a custom Trust tailored to your needs.
Any individual may be disinherited in a Will. It is best to draft a paragraph specifically addressing the issue as notice the individual has not be inadvertently overlooked. Contact us should this be your choice, and we will refer you to any attorney for a free consultation.
General Questions
An Advance Directive (“AD”) combines the former “Living Will” and “Health Care Directive” into a single document. It gives caregivers, such as doctors and hospitals, clear directions regarding your end of life and life support care. Further, it appoints the person of your choosing to make other decisions regarding your care should you be incapacitated. Having the right person in charge brings peace of mind.
A General Financial Power Of Attorney (“GFPOA”) allows your personal business to stay current, even if you are incapacitated. Here, you appoint an attorney in fact to care for all things financial for you. You may designate these become effective only upon you being incapacitated.
The Will Center forms are specifically designed for the state(s) of Georgia. It is typically best to execute a Will where you reside. More states will be added soon, so contact us should you be outside Georgia for more information.
For a 1 year period we will discount the Estate Planning Package by the cost of the Snap Will. You risk nothing to draft a Snap Will now and come back later for the full package!
