Last Will & Testament

Thrift McLemore’s Atlanta estate planning attorneys help clients across Georgia create Wills that ensure their wishes are honored, their families are cared for, and their loved ones are protected.

A Will (also called a Last Will and Testament) is a legally binding document that facilitates your final wishes. Regardless of the size of your estate, a Will offers significant benefits. It helps prevent disputes, gives you control over who inherits your assets, and ensures your children are cared for the way you intend.

At Thrift McLemore, our Atlanta estate planning attorneys use their knowledge of Georgia probate and tax law to create Wills tailored to each client’s needs. We work with families across Georgia to draft Wills that provide clarity and security for the future.

Decide Who Inherits Your Assets with a Georgia Will

A Last Will and Testament allows you to decide exactly who will inherit what you own when you pass away. You can leave your assets to one person, multiple people, or even a charitable organization. You can also legally disinherit someone who would otherwise receive a share of your estate under Georgia law.

Without a valid Will, Georgia law determines who receives your assets. Many people assume that a surviving spouse automatically inherits everything. In Georgia, that is not always true. If you pass away with a spouse and children, your spouse and children share the estate equally; however, your spouse is entitled to no less than one-third of the estate.

Under Georgia law, if you leave a surviving spouse and children, your spouse and children will share equally in the estate assets. However, the surviving spouse’s share can’t be less than one-third of the assets in the estate.

For example:

• If you pass away, leaving a spouse and two children, your spouse would inherit one-third, and each child would also inherit one-third.
• If you leave a spouse and three children, your spouse would receive one-third, and your three children would split the remaining two-thirds equally.

Choose Who Manages Your Estate

Your Will also allows you to name an executor, the person responsible for managing your estate after you pass away. Your executor’s job duties include gathering your assets, notifying your heirs and beneficiaries of your death, settling your debts, paying administrative expenses, filing necessary tax returns, and distributing your assets and other property.

Choosing the right person for the role is crucial to ensure your wishes are carried out and to avoid conflict amongst your beneficiaries. Without a Will or if the Will does not name an executor, a Georgia probate judge will appoint someone for you.

Nominate a Guardian for Minor Children

If you have children under 18 years old, the Will can nominate a guardian to care for your child or children if something happens to you and the other parent. Without a Will that includes this provision, a Georgia probate judge will decide who will raise your children.

Is a Will Enough in Georgia?

Every Georgia estate plan should include at least a Will. While some people decide that the Will is sufficient to accomplish their wishes, others choose to supplement the Will with a Living Trust.

The Atlanta estate planning attorneys at Thrift McLemore can help you decide whether a Will-based plan or a Trust-based plan is right for you and customize an estate plan that meets your needs.