Wills and Power Of Attorney FAQs

Wills and Power Of Attorney FAQs

What is a Will?

A Last Will and Testament is a document which allows you to transfer property you hold in your name at the time of your death to the person(s) you want to have it. A Will also typically names a person or persons you select to be your personal representative (or “Executor”) to carry out your wishes and also names a guardian if you have minor children. A Will only becomes effective upon your death and after it is admitted to probate.

Who needs a Will?

All adults should have a will. This is especially true if you are married, have children, or have any assets. In addition to distributing your assets to the persons you desire, a will allows you to specify the individual you would like to have custody of your minor children, and also specify your wishes for your final resting place and the handling of your remains. Having a valid will ensures that your property will be distributed without significant costs and your final wishes are honored.

What if I die without a Will?

If you die without a will in Georgia, then state law will determine the individuals who will receive your property, and the Courts will decide the remaining issues. For example, the court will appoint a guardian for any minor children. Also, the court will appoint an administrator to distribute your property and allow the administrator to retain a fee for his or her work.

How much does a will cost?

Wills generally start at $400 for simple wills. The complexity of the will is the final determinant of cost. All costs will be quoted up front after your consultation.

What is the difference between a Will and a Living Will?

The State of Georgia recognizes the right of a competent adult person to make a written directive known as a living will or medical directive, instructing his or her physician to withhold or withdraw life sustaining procedures in the event of a terminal condition. A simple will provides instructions for settling your final debts and dividing your property amongst your heirs after your passing.