Family Law Insights

Drafting a Last Will and Testament for Gay Couples in Georgia

Posted on: May 22nd, 2013

Most people don’t like to think about drafting a Last Will & Testament because they don’t like to think about dying. After all, death is never a pleasant subject, especially when it’s your own death! Yet anybody who owns property, has money or investments, or has children, should have a Will. Especially after a divorce, drafting a Will is a necessity (as well as changing the beneficiary of any life insurance policies you may own).

The reason that everyone should have a Will is simple: If you don’t have a Will the courts will decide what happens to your money, property and children after your death.

In most cases the court will take the easy way out and give your money and property to your closest living relative. This means that somebody you don’t like or trust could end up with your house, your bank accounts, your valuables and everything else you have.

If you want one particular person who is not related to you to have something of yours, or inherit everything, you will have to have a Will. If there is no Will that individual could be left with nothing. Especially in the case of domestic partnerships in Georgia, since same-sex couples are not legally allowed to marry in Georgia, gay couples must be especially vigilant about maintaining a Will and should speak with one of our family law attorneys about protecting the legal rights of their partners.

Creating a Last Will and Testament in Georgia:

Fortunately, the average Georgia Will doesn’t have to be that complex. If you don’t have that much money or property, a basic Will should suffice. Our attorneys will maintain a hard copy of the Will, and make sure it is legally signed and notarized.

Your heir should have a copy of the Will. Always make sure your heirs are aware of the Will and know where to find it. If you have more than one heir make sure each of them has a copy of it. In some cases it might be a good idea to have a copy of the Will placed with a business manager or friend you trust. This would be an excellent idea if the heir is a child or teenager or lives in another country.

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