Last Will & Testament
A Will allows you to be in charge of how your assets are distributed upon your death. If you do not make this choice, the State of Georgia has laws that dictate how your assets are to be divided. Your choice of distribution may not be the same as that of the State. Further, it takes longer to administer your estate when you do not have a will, which could amount to an added burden on your family. If you have minor children, a will allows you to dictate who should be responsible for the care of the children. Also, it allows you to dictate how your assets are to be used to provide for their care. Many families have found themselves in ugly custody battles when a tragedy strikes both parents, and there is no direction as to who should legally care for the children.
Advanced Medical Directive
Many people have heard of this document referred to as a Living Will. Every few years there is a story of someone who is in a long term coma and a legal battle takes place between members of the family as to whether or not they should continue to keep the person on life support. An Advanced Medical Directive allows you to make your wishes known about this and other types of medical situations while you are still able to make the decision. It authorizes your doctors as to what they can and cannot do to you, and keeps your family from having to make those difficult decisions. Further, if there are medical decisions that need to be made on your behalf that are outside of the scope of life or death, but you may not be in a physical condition to make those decisions, then you may also appoint the person to make those decisions for you through the Advanced Medical Directive.
Durable Power of Attorney
A Durable Power of Attorney allows you to give someone the authority to act on your behalf if you are not present or are unable to act. It is a document that should be exercised with care as you are giving someone the authority to do those things that you could normally do with your assets. However, if you are injured or disabled in an accident, and need someone to act on your behalf, but are unable to sign a Power of Attorney at that time, you would already have that person appointed with this instrument. Additionally, we draft our powers of attorney to include the language that we know title insurance companies want to see in order to allow them to be used for real estate transactions.
Probate
When someone passes away, a personal representative needs to be appointed for his/her estate in order to transfer assets to their heirs and beneficiaries. If they had a will, a petition to probate is filed so that an Executor can be appointed to carry out the terms of the will. If there was no will, an administrator needs to be appointed to distribute the assets to the legal heirs of the estate. We will take care of this process efficiently for you so that you can take care of the necessary estate affairs.
