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How Does Your Will Effect Estate or Inheritance Tax?

Estate tax is a federal or state tax on the value of your estate that exceeds a certain amount (the exclusion amount). This is assessed against and paid from the estate of the decent. Inheritance tax is a state tax on the amount that your receive from an estate. There is no federal inheritance tax. […]

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What Does It Mean to Self Prove My Georgia Will?

Self-proving a will means executing a document that attests to the validity and, in effect, proves the will to the court at the time that it is probated. Self-proving the will takes away the need for the witnesses to the will to testify before the court in order to attest to the validity of the […]

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What is required to make a valid will in Georgia?

Georgia. The law governing Georgia Wills is set forth in Title 53 Wills, Trusts and Administration of Estate.  The requirements for an individual to execute a will in Georgia, O.C.G.A. Title 53, are as follows: you must be at least 14 years of age,  (O.C.G.A. § 53-4-10(a)) You must have testamentary capacity This simply means […]

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What is Elective Share and How Does Georgia Treat It?

Elective share is a concept of considerable debate in Georgia.  Generally, speaking the “Elective Share” rights of a spouse is the right to inherit a certain percentage of the spouse’s estate.  Say, for example, husband wishes to completely disinherit his spouse and leave her nothing under his will.  Most states do not allow this.  The […]

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How Can I Change or Revoke My Will (Last Will and Testament)?

This is a relatively simple question that often results in many problems for testators and their families.  There are several ways to revoke a will.  First, you can destroy the will.  Take the time to burn or shred the will and do not simply writing void or scratching through the provisions. Second, you can draft […]

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Have An Attorney Prepare Your Legal Documents: (The Problem with LegalZoom)

This question goes to the very heart of http://www.GAWillsOnline.com.  I want to take you through the process of preparing a simple legal documents and it will become apparent why you should have an attorney help you with drafting a legal document. Modern technology is an amazing thing.  It has completely revolutionized every industry, including the […]

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What Happens If I Pass Away Without a Will?

Passing away without a will or other instrument to direct the probate of your estate is known as dying “intestate”.  The number of people in Georgia who pass away without an estate plan in place is staggering.  Ultimately, this causes many issues for their family and loved ones who have to put handle the individual’s […]

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What Are the Other Functions of a Will?

Most people know that a will allows you to make many decision regarding your property and affairs after you have passed away.  However, a will can do much more than simply designate how your property will be distributed.  Here are a few examples of what you can accomplish with your will: As previously discussed, with […]

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What is the Role of A Guardian in an Estate Plan?

A guardian or guardianship is a common concept in estate planning. A guardian is the person who has the legal authority to care for another person or for the property that belongs to another person.  For financial decisions this position is typically referred to as a “conservator”.  We will use the collect term throughout this post. […]

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Power of Attorney Basics

Power of Attorney A power of attorney (POA) is a document that serves as a legal, written authorization.  In a POA you appoint another person to handle your affairs for you. This person may represent or act on your behalf in private affairs, business, or some other legal matter. (Note: This person cannot represent you […]

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Do I Own Enough Things to Need and Estate Plan?

So, you don’t have a lot of property or assets.  Many people incorrectly believe that the need for an estate plan revolves around having lots of money or owning lots of property.  This is an understandable misconception.  A will or other estate planning documents can be used to handle and reduce taxes for large estates.  For […]

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Can I Leave Money, Property or Possessions to Minor Children in a Will or Trust?

One of the more frequent, unintended consequences of  a poorly drafted will or passing away without as will is leaving a portion of your property or possessions to a minor child.  While the individual may wish for the child to have or own the property, Georgia law does not allow a minor child to own […]

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Should I Create a Will on My Own and Save the Legal Costs?

This question goes to the very heart of my legal practice, http://www.GAWillsOnline.com. There are lots of free material floating around the internet.  Some of the material is of decent quality, other material ranges from useless to dangerous. As the old adage goes , there are frequently inexpensive options, but you get what you pay for. […]

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Health Directive: Combo Living Will & Healthcare Power of Attorney (Part 5)

Do I Have to Have a Lawyer to Make a Living Will? No. The law does not require that an attorney prepare or otherwise help you with a Living Will. However, if you do not completely understand everything, or if you have questions about it, you may fail to express your true intent within the […]

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What Happens if I Die Without a Last Will and Testament?

A last will and testament (“will”) is the primary document to administer the assets that you leave behind.  If you don’t have a will, how your property is distributed and how your affairs are managed is determined by Georgia law.  Generally, your property will be distributed to your immediate family.  Unfortunately, this means that if […]

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Health Directive: Combo Living Will and Healthcare Directive (Part 4)

How Do I Make a Living Will? As explained before, Georgia passed a statute authorizing and providing a proposed format for the Advance Health Directive.  Georgia does not require that every health directive copy this format exactly.  However, there are certain formalities required of every health directive. Generally and individual may write our Living Will […]

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Health Directive: Combo Living Will & Healthcare Power of Attorney (Part 3)

Once I’ve Signed a Living Will, How Long Does it Last and Can I Change My Mind? A living will does not expire until your destroy or revoke it.  You can always update or modify your living will.  You must modify the living will with the same formalities with which you executed or made the […]

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How Does GAWillsOnline.com Work?

The process is very simple.  You create an account that gives you a secure client space where you can interact with our law practice (Law practice of Jason M. Gordon). On this account site you can fill out questionnaires and submit them to us for free. (You can also purchase legal advice on other issues, such […]

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Health Directive – Combo: Living Will and Power of Attorney (Part 2)

A Georgia health directive covers several topics that requires an understanding of medical conditions.  Below I have provided a definition of what you should know when executing a Health Directive. What Is a Terminal Condition? Under Georgia law, a terminal condition is an incurable condition caused by disease, illness, or injury. Death will result from […]

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GA Health Directive – Living Will & Healthcare Power of Attorney (Part 1)

A living will is becoming increasingly popular as an estate planning document.  GA took a step in favor of the Living Will and created a statutory device, known as the Advance Health Directive.  The Health Directive is a combination of a Living Will and a Health Care Power of Attorney within a single document. The […]

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Springing Durable Power of Attorney as Part of an Estate Plan

A Springing Durable Power of Attorney is a very important estate-planning tool. Most people understand the nature of a power of attorney. A Special or Limited Power of Attorney allows a person to handles a specific matter or tasks for the grantor. A General Power of Attorney, on the other hand, allows the individual named […]

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If you have children – you need a will.

Most people assume that if you pass away without out will that your spouse receives all of your property.  Well, this is a matter controlled by state law and in Georgia that is not entirely true.  The GA rule says that your estate will be divided equally among your immediate family, including your spouse and […]

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What is an Estate Plan?

Many people think an estate plan is simply a Last Will and Testament (“Will”).  In reality, an estate plan is exactly what it says.  How will you plan the handling of your property and affairs when you pass away.  While, this is mostly done in a will, there are several other documents that are equally […]

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