Legal Question in Wills and Trusts in Georgia
Living will or simple will
I am trying to help my father figure out if all we need is a living will or do we also need a simple will too. We just want this as easy as possible and we don't want to have to probate when he passes.Thanks.
2 Answers from Attorneys
Re: Living will or simple will
Like many people, you are confusing a Living Will with a Will. (It is very unfortunate that legislatures ever came up with the name Living Will, because it has nothing at all to do with property.) Many people need both a Living Will (to cover when they want life sustaining measures withheld) as well as a Will, which directs who is to get their property upon their death. Consult with a local attorney, in the county of your father's residence, since that is likely where matters will be handled if he is still a resident of that county upon his death.
Re: Living will or simple will
A living will does not distribute any property. A living will deals with a person's last wishes when they are in the end stages of life. There are actions a person can take to avoid or limit probate and you should talk to an attorney to see if any apply to your situation. Without knowing what assets you have and how you want them distributed there is little specific advice I can offer.
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