What Happens if You Don't Have a Will in Georgia

Many people never think about the consequences of not having a will or trust in place. No one likes to contemplate their own demise but, in most cases, it is a serious mistake not to take action on this matter while you can still make informed and conscientious decisions. This is especially true for those with children and grandchildren and, in cases of blended families, is vital. Without a written document stating how you want your property and assets to be distributed following your death, those same assets will be handled through the courts.

If you die without a will in Georgia, you will die "intestate." This means that the courts will distribute your property according to intestacy laws in a process that can be lengthy, costly, and confusing. Under these laws, your property will be distributed to your closest relatives, starting with your spouse and children, followed by grandchildren or parents. If you have none of these relatives, the state will move on to siblings, grandparents, aunts, uncles, and cousins or your spouse's relatives. If none of these can be found, your property will be handed over to the state. In creating your will, you can name the person whom you wish to be the executor of your estate; that person will be responsible to see that your wishes and provisions are carried out after your death.

Even a properly created will may be contested either before or after it is admitted to the probate process. This means that an "interested party" may challenge its validity. Wills may be challenged on the basis of such grounds as lack of capacity, fraud, misrepresentation, duress, undue influence, mistake, lack of execution, forgery, and more. In such cases, those involved who have an interest in the outcome will require skilled legal representation, which can be found at Stadler Law Group, LLC, serving the metropolitan Atlanta area. The firm is well-respected and has been highly successful in this field.

If you need legal assistance with a will, trust, or estate matter, contact the firm to schedule a free consultation. The firm provides clients with affordable and aggressive legal representation and has more than 20 years of professional experience in helping the Atlanta area.