FAQs

Atlanta Estate Planning Attorney answers Frequently Asked Questions:

I live in Georgia now, but have a will from another state.  Do I need a new will? Probably, but not necessarily.  If you’ve had any major life changes (divorce, marriage, birth of child) you need to revisit your will to be sure it reflects what you want.  As long as the will was valid in the state in which it was drafted, then Georgia will honor the will.

What if I want to change something in my will? If the change is straightforward then you can simply draft a CODICIL.  This document will reference what you want changed from your will and state what you want instead.  For example, if you decide to change the Executor from Aunt Sally to Uncle George, then a codicil is all you need.  It must meet all the execution formalities as the will.  So, you’ll need two competent witnesses.

Do my insurance policies go to the beneficiaries in the will? NO!  I get this question often.  Any accounts that have provisions for designated beneficiaries such as insurance policies or retirement accounts are NOT a part of your estate.  At the time of your death, those proceeds pass directly to the beneficiary and have NOTHING to do with the will.  So, be sure you have them properly designated.

What happens if I divorce after my will is drafted? If you die before changing the will to take your ex out as a beneficiary, the law in Georgia will treat the ex-spouse as if he or she predeceased you and the rest of the will remains in place.

What happens if I am separated and planning a divorce, but not divorced at the time of my death? Your divorce must be FINAL before your spouse is taken out as set forth above.

Can someone challenge my will? Yes, although it is rare.  There are certain grounds for a will challenge:  you were incompetent when you signed it and didn’t know what you were doing; the will was not witnessed by 2 competent witnesses;  you were fraudulently induced into signing the will by someone else.  We rarely see this but it happens!  Please note that “competency” to write a will is very low!  It is NOT the same standard as that required to sign a contract.  Read my article on competency.  It’s funny!

Can I just write out my wishes and put it in a drawer as my will? A handwritten will that is not witnessed is called a “holographic will” and they are valid in about half the states.  But, not in Georgia.  Your will MUST be witnessed.