Best Will & Testament Lawyers in Marietta

About Will & Testament Law in Marietta, United States

A Will and Testament is a legal document specifying how a person’s assets and property should be distributed after their death. In Marietta, United States, Wills enable individuals to provide for loved ones, designate guardians for minor children, and name executors to oversee their estate. The process is governed both by federal considerations and, more importantly, by Georgia state laws, which set the requirements for creating valid Wills and the probate process that follows a person’s passing.

Why You May Need a Lawyer

People often seek legal assistance in Will and Testament matters for several reasons. Here are some common situations:

- Preparing a new Will to ensure your wishes are clearly legally documented - Amending an existing Will after major life changes like marriage, divorce, or birth of children - Naming or changing guardians for minor children - Creating complex provisions for trusts, charitable donations, or special needs beneficiaries - Avoiding or resolving family disputes over inheritance or challenges to the Will’s validity - Handling the probate process, which involves validating the Will and distributing assets under court supervision - Navigating creditor claims or unresolved debts left by the deceased - Managing assets spread across multiple states or countries - Protecting your estate from unnecessary taxes or legal complications - Ensuring compliance with local and state laws concerning signing, witnessing, and storage of Wills

A lawyer provides peace of mind, helps avoid common mistakes, and can offer guidance through potentially complicated legal and family dynamics.

Local Laws Overview

In Marietta, which is located in Cobb County, Georgia, Will and Testament matters are primarily governed by Georgia state law. Here are key aspects of local laws:

- To make a valid Will, you must be at least 14 years old and of sound mind. - The Will must be in writing (typed or handwritten) and signed by the person making the Will (the testator). - Two competent witnesses must watch the testator sign the Will and must also sign the Will themselves. - Georgia does not recognize oral (spoken) Wills except in very rare circumstances involving imminent danger. - A Will can be “self-proved” through a notarized affidavit that confirms proper execution, simplifying probate after death. - Modifications to a Will must be made following the same formalities as an original Will, often through a document called a codicil. - If a person dies without a Will (intestate), Georgia’s intestacy laws dictate how the estate is distributed, usually favoring spouses and children first. - Probate occurs in the Cobb County Probate Court, where the Will is validated, and the estate is administered. - Certain joint assets, life insurance, and retirement accounts may bypass the Will, passing instead according to beneficiary designations.

Frequently Asked Questions

What happens if someone dies without a Will in Marietta?

If someone dies without a Will, their estate is distributed according to Georgia’s intestacy laws. The Probate Court will appoint an administrator, and assets usually go to the closest relatives, such as a spouse, children, or parents.

Can I write my own Will or do I need a lawyer?

You can legally write your own Will in Georgia, but mistakes can easily make the document invalid or lead to disputes. Consulting a lawyer ensures your Will meets all legal requirements and accurately reflects your wishes.

Who can be a witness to my Will?

Any competent adult can witness your Will, but it is best if your witnesses are not named as beneficiaries in the Will to avoid potential legal challenges.

Do Wills need to be notarized in Marietta?

A Will does not have to be notarized to be valid in Georgia. However, making your Will “self-proved” with a notary and witnesses can streamline the probate process.

How often should I update my Will?

You should review and, if needed, update your Will after major life changes like marriage, divorce, having children, or significant shifts in assets or relationships.

Is a handwritten Will valid in Georgia?

A handwritten Will is valid in Georgia if it meets all legal requirements, including being signed by the testator and witnessed by two competent adults.

What assets are not affected by a Will?

Assets such as life insurance policies, retirement accounts, and jointly owned property with rights of survivorship pass directly to named beneficiaries and are not typically governed by your Will.

Can I revoke my Will?

Yes, you can revoke or change your Will at any time, as long as you are of sound mind, by creating a new Will or deliberately destroying the old one.

What is probate and how long does it take?

Probate is the legal process of validating a Will and distributing the estate. In Cobb County, this process can take several months to over a year, depending on the complexity of the estate and any disputes.

What happens if a Will is contested?

If a Will is contested, the Probate Court will examine the claims, such as questions about validity, undue influence, or fraud. This can delay the probate process until the dispute is resolved.

Additional Resources

- Cobb County Probate Court: Handles Will validation (probate) processes and can provide forms and information. - Georgia Department of Human Services, Division of Aging Services: Offers guidance on elder law and estate planning. - Georgia Legal Services Program: Provides free or low-cost legal assistance to qualified residents. - State Bar of Georgia: Has a Lawyer Referral Service to help you connect with qualified estate planning attorneys. - Public libraries in Marietta: Often provide books and online resources on estate planning and Will preparation.

Next Steps

If you need legal assistance with a Will and Testament in Marietta, here is a suggested process:

1. Gather information about your assets, family situation, and any specific wishes you have for your estate. 2. List questions or concerns you have about your estate, beneficiaries, or the Will process. 3. Reach out to a qualified estate planning attorney in Marietta who can review your individual situation and clearly explain your options. 4. Prepare any relevant documents, such as previous Wills, account statements, and a list of desired executors or guardians. 5. Work with your attorney to draft or update your Will, ensuring it meets all legal requirements. 6. Store the signed Will in a safe place and inform trusted individuals about its location.

Taking these steps with the help of a legal professional can give you and your loved ones peace of mind, knowing your wishes will be respected and your estate handled efficiently.