Legal Question in Wills and Trusts in Georgia

I've gone on-line & printed a copy of a basic will & last testiment. Once I complete the form, is there something else I should do? Is it sufficent to just have a copy @ home, or does it need to be filed with the state of GA which is where I live? Is it legal & binding? Thanks!


Asked on 9/16/10, 10:20 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

If you want to download a form, you are on your own as to whether it is valid at all.

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Answered on 9/21/10, 10:27 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The best thing to do is to throw it out and go see a lawyer. The quality of forms online ranges from worthless to poor. If it turns out the document is no good, you can cost your loved ones a huge amount of grief and money.

In my practice we do a simple will for as little as $200 (depending on what is in it), and that includes advice about related planning as to other matters such as insurance and property. We also do a free living will with the will, another document you may want. A discussion of a proper POA and health care directive is also in order.

Keeping a will at home is a bad idea. When the house burns up or is hit by a tornado, your will is gone. Wills cannot be filed with the state (although there is a procedure to store a will with the county that I can discuss with you. There are better places for a will, and that also is part of my consultation.

Even if the form will is binding, it may not be optimal (as it may not reflect the July 1, 2010 changes in Georgia law as to powers of an executor, just to name one likely problem).

Feel free to contact me if you want help doing a proper will. (404-768-3509)

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Answered on 9/21/10, 10:36 am


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