Protecting your family’s future starts with a legally sound will. At Life Well Lived Law Group, our experienced estate planning attorney help Lawrenceville families and individuals throughout Gwinnett County create comprehensive wills that honor their wishes and protect their loved ones.
Our experienced estate planning attorney Tyler Comer has extensive experience in Georgia probate courts and provides the legal expertise you need to secure your family’s legacy. Admitted to all Georgia state courts, Sharon has been recognized among the top 5% Super Lawyers and the National Advocates Top 100.
Start by talking to us about your goals for your family. Call Life Well Lived today at (678) 272-5785.
Why Every Lawrenceville Resident Needs a Will
The statistics are stark: only around 32% of Americans have an estate plan in 2024, a 6% decline from the previous year. Even more concerning, about 68% of Americans lack a will, leaving their families vulnerable to Georgia’s intestate succession laws.
Without a will, your assets will be distributed according to Georgia’s default plan, not yours. This can create costly delays, family conflicts, and unintended consequences for your loved ones.
What Happens Without a Will in Gwinnett County
When someone dies without a will in Georgia, their estate enters intestate succession. Georgia’s intestacy laws dictate who inherits your property, which may not align with your wishes.
Common intestacy scenarios:
- Married with children: Your spouse and children share the estate, potentially creating complications.
- Unmarried partners: If your partner is not married to you, they typically receive nothing under Georgia law.
- Stepchildren: They have no inheritance rights without legal adoption.
- Specific bequests: Impossible without a will.
The probate process for intestate estates is more complex and expensive. Probate expenses can cost between 3% and 10% of an estate’s value, and the process can take months to years to complete.
Comprehensive Will Services in Lawrenceville
Life Well Lived Law Group provides complete will drafting services tailored to your family’s unique needs:
Simple Wills
These are perfect for individuals or couples with straightforward assets and clear beneficiary wishes. These wills typically include:
- Asset distribution instructions
- Executor appointment
- Guardian designation for minor children
- Specific bequests for personal property.
Complex Wills
These are better suited for families with significant assets, business interests, or blended family situations. These may include:
- Trust provisions within the will
- Tax planning strategies
- Business succession planning
- Charitable giving arrangements.
Pour-Over Wills
These are used in conjunction with living trusts to ensure any assets not placed in your trust in your lifetime are “poured over” into the trust after death.
Understanding Georgia Will Requirements
Georgia law has specific requirements for a valid will. Under Georgia Code Title 53, your will must meet these essential criteria:
Legal requirements:
- You must be at least 18 years old.
- You must be of sound mind when creating the will.
- The will must be in writing.
- Your signature is required.
- Two adult witnesses must sign the will.
- Witnesses cannot be beneficiaries.
Additional protections:
While not required by law, having your will notarized creates a “self-proved will” under Georgia Code Section 53-4-24. This can speed up the probate process and reduce potential challenges to your will.
Choosing Your Executor
Your executor is the person you select to handle your estate administration, making this one of your most important decisions. Consider these factors:
Ideal Executor Qualities
- Trustworthy and organized
- Available to handle time-consuming responsibilities
- Comfortable with financial and legal matters
- Willing to serve in this capacity.
Professional Versus Family Executors
While family members understand your wishes, professional executors offer expertise and neutrality. Many families choose a combination approach, naming a family member as primary executor with professional backup support.
Guardianship Provisions for Minor Children
One of the most important functions of a will for parents is naming guardians for minor children. Without this designation, Georgia courts will decide who raises your children.
Key considerations:
- Primary and alternate guardian selections
- Alignment with your parenting values
- Financial capability to care for children
- Willingness to accept the responsibility.
According to estate planning reports, 34% of people start estate planning after having children, making this a common catalyst for creating a will.
The Cost of Will Preparation in Georgia
Many people delay creating a will due to cost concerns. However, the investment is minimal compared to the potential consequences of dying without one.
Many Americans say they don’t have a will because they believe it’s too expensive, but the cost of not having a will far exceeds the preparation cost.
Updating Your Will After Major Life Changes
Georgia law requires will updates after significant life events. Some changes automatically affect your will’s validity.
When to Update Your Will
- Marriage or divorce (divorce automatically revokes bequests to ex-spouses)
- Birth or adoption of children
- Death of beneficiaries or executors
- Substantial changes in assets
- Relocation to another state.
Common Will Mistakes to Avoid
Our estate planning attorneys regularly see these costly errors:
- Improper witness selection (beneficiaries cannot witness)
- Unclear beneficiary designations
- Outdated executor appointments
- Missing guardian nominations
- Inconsistent asset titling.
Estate Planning Beyond Your Will
While your will forms the foundation of your estate plan, additional documents may benefit your family.
Complementary estate planning tools:
- Revocable living trusts for probate avoidance
- Financial powers of attorney
- Trust-based estate plans for tax efficiency
- Business succession planning
- Special needs trusts for disabled beneficiaries.
Living Wills and Healthcare Directives
Beyond your standard will, you need documents addressing medical decisions if you become incapacitated.
Advance healthcare directives include:
- Living will specifying medical treatment preferences
- Healthcare power of attorney appointment
- HIPAA authorization for medical information sharing
- Organ donation instructions.
These documents work together to ensure your healthcare wishes are respected when you cannot communicate them yourself.
Why Choose Life Well Lived Law Group for Your Will
Attorney Tyler Comer’s qualifications:
- B.A. in Political Science from Hampton University
- M.P.A. from North Carolina Central University
- J.D. from Mitchell Hamline School of Law
Attorney Tyler Comer is an active member of the Fiduciary Section. She is also admitted to practice in the following courts:
- The Superior and State Courts of Georgia
- All lower courts of the State of Georgia
- The Court of Appeals of Georgia
- The Supreme Court of Georgia
Our comprehensive approach:
- Thorough consultation to understand your goals
- Customized will drafting based on your family situation
- Clear explanation of all legal implications
- Ongoing support for will updates and changes
- Coordination with other estate planning documents.
Our local expertise:
Serving clients throughout Gwinnett County from our Lawrenceville office, we understand the specific needs of local families and stay current on Georgia estate planning law changes.
Frequently Asked Questions About Wills in Georgia
Can I change my will after signing it?
Yes, you can modify your will at any time while mentally competent. Changes can be made through a codicil (amendment) or by creating a new will that revokes the previous version.
Is a handwritten will valid in Georgia?
Georgia recognizes handwritten (holographic) wills only in limited circumstances. A properly witnessed typed will provides much better legal protection.
What if I own property in multiple states?
Your Georgia will can address out-of-state property, but ancillary probate proceedings may be required in those states. Trust-based planning often provides better solutions for multi-state property ownership.
How often should I review my will?
It’s best to review your will every three to five years or after major life events. This ensures it remains current and effective for your situation.
Can my will be challenged?
Wills can be contested on grounds such as lack of mental capacity, undue influence, or improper execution. Proper drafting and execution minimize these risks.
What happens if I pass away without a will but leave behind small children?
If you die without a will in Georgia and have minor children, several serious consequences occur. First, the court will appoint a guardian for your children, which may not be the person you would have chosen. Georgia’s intestacy laws will distribute your assets according to a predetermined formula, typically splitting assets between your surviving spouse and children, but this might not reflect your wishes.
Can I make a will that leaves everything to one person?
Yes, under Georgia law, you generally have the right to leave your assets to whomever you choose. However, there are important limitations to consider, particularly regarding your surviving spouse. Georgia provides certain protections for surviving spouses that can override will provisions.
What distinguishes a healthcare power of attorney from a living will?
These are two distinct but complementary advance directives that serve different purposes in your estate planning:
A healthcare power of attorney (also called a healthcare proxy) is a document that appoints someone you trust to make medical decisions on your behalf if you become unable to communicate or make decisions yourself.
A living will, on the other hand, is a document where you provide specific written instructions about the medical care you do or don’t want in certain situations, particularly end-of-life care.
The key difference is that a healthcare power of attorney appoints a person to make decisions, while a living will provides specific instructions. Most comprehensive estate plans include both documents, as they work together to ensure your medical care wishes are honored.
What is the difference between a living will and a will?
Many people confuse these two important legal documents, but they serve completely different purposes:
A traditional will (also called a last will and testament) is a document that directs how your property should be distributed after your death and names guardians for minor children. It only becomes effective after you die and must go through probate court for validation.
A living will is an advance directive that provides instructions about medical care you want or don’t want if you become terminally ill or permanently unconscious and cannot communicate your wishes. It’s called a “living” will because it takes effect while you’re still alive but incapacitated. The confusion often arises because both documents are called “wills,” but their purposes are entirely different.
Take Action to Protect Your Family: Contact Life Well Lived Today
Don’t let your family become part of the troubling statistics. Only about 46% of will executors were aware a will even existed, highlighting the importance of proper planning and communication.
Our team at Life Well Lived Law Group are ready to help you create a comprehensive will that protects your family and honors your wishes. With our top-rated wills attorney serving Lawrenceville and all of Gwinnett County, we bring the expertise and compassionate approach your family deserves.
Contact Life Well Lived Law Group today at (678) 272-5785 to schedule your estate planning consultation. Your family’s security and your peace of mind are too important to delay.
