FROM A BACKWOODS SOUTHERN LAWYER
Do I Need a Will?
Over the last forty-plus years, I have often been asked the question “Do I need a Will?” Let’s answer a few questions and see:
1. Are you currently breathing?
2. Do you expect one day to not be breathing?
3. Do you own anything of value, such as a house, vehicle, gun collection, etc.?
4. Do you want to decide how your property should be divided or would you prefer the State of Georgia to do it for you?
5. Do you want your family to spend two or three times as much money handling your estate as it would cost to probate a simple will?
If the answer to those questions is “yes,” then YOU NEED A WILL. Truth be told, everyone needs a Will unless they have no living relatives anywhere
on the planet.
WHAT HAPPENS IF I DIE WITHOUT A WILL?
A lot of things, and none of them good.
First of all, someone will have to go to probate court and be appointed administrator of your estate. Because you don’t have a will, they will also
have to post a bond (usually twice the value of your estate) and that is not an inexpensive proposition.
Secondly, you will have absolutely no control over the disposition of the assets you leave behind, as that will be determined by the laws of the state.
If you have an estranged spouse from whom you are not yet divorced, they will automatically receive a not insubstantial portion of your estate. If you
have minor children, someone will have to be appointed guardian and that is an additional expense.
All of those issues can be avoided with a simple will that distributes your property how and to the person you wish, and specifically waives all of
those third-party costs, and puts one person, whom you choose, in charge of handling your estate. Otherwise, the local probate court could choose
a person who doesn’t know you from Adam and has no idea what you want done with your property. They will also charge a fee of two and one-half
(2½) percent of all estate assets brought in and two and one-half (2½) percent of all estate assets disbursed. Again, those statutory commissions can
be waived if you have a will.
AREN’T WILLS EXPENSIVE?
Not unless you have a multi-million dollar estate which would create significant estate and gift tax issues and, if that were the case, you would not
be reading this article anyway. It should not be difficult to find an attorney who’s willing to do a simple will for $75.00 - $100.00.
DO I NEED AN ATTORNEY?
Well, let’s see - If you had a ruptured appendix, would you try to take it out yourself or go see a doctor?
Yes, you need an attorney. I have been involved in several situations over the past few years when somebody thought they had a valid will, only
to discover they used a form off of the internet that was either outdated or was not adjusted to Georgia Probate law. They had a couple of pieces of
paper, but they were totally ineffective as a valid will.
OKAY. I NOW HAVE A WILL – WHAT DO I DO NEXT?
Well, the first thing you need to do is tell someone in your family or someone outside the family who you trust, where the original is located. There
have been more than a few occasions over the years where everybody in the family (as did I because I prepared the document) knew the deceased
had a will but nobody could locate the original and, therefore there was nothing to probate.
Keep your will up to date. If you have some life-changing event, such as the birth of a child or a divorce, that can invalidate your will unless it says
otherwise.
Bottom line, go see an attorney about a will and for heaven’s sake, don’t forget to tell somebody where it is stored.
Nothing in life is free, you owe me a drink at Nickie’s.
32 TYBEE BEACHCOMBER | JAN 2019
By Franklin Edenfield