What Happens If You Die without a Will in GA?
If a person dies
without a Will, their property is distributed according to the state's intestacy
laws. Contrary to common belief, your property does not automatically revert to
the state if you die without a Will.
According to Georgia's
intestacy laws, if a person is survived by a spouse and no children, the spouse
receives all of that person's property. However, if an individual is survived
by a spouse and children or grandchildren, that person's estate is divided into
shares. The living spouse must receive at least 1/3 of the estate, and the
remaining property is divided among descendants.
If you die without a spouse
or children, there are rules determining how your property will be distributed to
your closest living relative(s). If you have no descendants, your property
would revert to your parents. If you have no living parents it would go to your
siblings (or their children), your grandparents, and then aunts and uncles (and their
children). Your property will only revert to the state if a living relative
cannot be located.
Why Do I Need a Will?
Georgia's intestacy laws
were created with the aim to fulfill the wishes of most people. These laws
dictate how a court shall distribute an individual's property following their
death. However, you should create a Will if your wishes do not align with the
intestacy laws.
If you die with minor
children and without a Will, the court will appoint a guardian to obtain custody of your minor child(ren).
The court will appoint guardianship for the child(ren) according to the best
interests of the child standard.
What is an Advance Healthcare Directive?
In order to best prepare
you for the years to come, M&T will also draft an Advance Healthcare
Directive when you hire us to prepare your Will. An Advance Healthcare Directive is a legal document which provides instructions for medical care in the event you are unable to communicate your wishes. If you cannot make your own decisions, your closest living relative will decide the treatment for you.
Written by: Rebekah
James