LAST WILL AND TESTAMENTS/LIVING WILLS/PROBATE

Please click on this link for information on how to contact the Probate Courts of Georgia. These Courts and their Websites provide basic information and forms that you may need, as well as other information on Living Wills (also known as Durable Medical Powers of Attorney or Advance Directives).

My practice is to give my clients what I fondly call “Last Will Cheat Sheet.” You can find one by clicking here. This “Cheat Sheet” explains the information I will need to draft a Last Will and Testiament for you. Once I have that information, the Last Will is drafted, and you will be asked to come into the office to “formalize” your Will. You will have two originals of your Will, and two copies. In addition, I will keep a copy in my files, in the event you lose all originals and copies.

Please note that you should file one of your originals with the Probate Court of the County where you reside. You should ensure that your Executor has a copy, and that you keep a copy and original in a safe location. Your Executor will need the original to probate your Will, however, in the unlikely event that your originals cannot be found, a copy of your Will can still be probated. The manner in which a copy is probated is somewhat different from probating an original, and as you might guess, it is somewhat more difficult.

Living Wills are also known as Durable Medical Powers of Attorney. These documents will allow a person of your choosing the authority to act on your behalf under certain conditions that may arise if you are unable to speak on your own behalf due to serious illness. The hospitals often have you complete a form of this kind, which is a standard form they use daily. While the hospital staff may be familiar with this form, it is not something that I would recommend anyone complete while they are waiting for a hospital procedure. This is a very important document that should be completed with the assistance of a professional, who can explain terms and procedures that most of us have never faced before.