Estate Planning FAQs

Do I need a will?

When a person dies without a will, their property passes in accordance with Georgia's laws of intestate succession.  Generally speaking, that means that your property will pass to your heirs.  However, having a will can drastically simplify the probate process and will make handling your affairs far simpler for your loved ones.  

Also, if you have minor children, you can designate the person or persons you would like to serve as guardian of your children, in the event that the other legal parent passes before you do.  This type of planning makes things so much easier for your children in the event of your death.

What is the difference between Tenants in Common and Joint Tenants with Rights of Survivorship?

In the State of Georgia, you have the ability to take ownership of property jointly as “Joint Tenants with Rights of Survivorship” or as “Tenants in Common”. The ownership structure that you choose will determine how your interest will be assigned upon your death. If you and the joint owner of the property elect to take ownership as “Joint Tenants with Rights of Survivorship”, then the deceased title owner's share will pass to the surviving owner of record. If you elect to choose “Tenants in Common”, then the ownership interest in the property will pass under the terms of the deceased owner's Last Will and Testament, or under the laws of intestacy if the deceased owner does not have a Will.