Do I Need a Will?

If you want to make things easier on the loved ones you leave behind, the answer is yes. If you want to ensure your loved ones take possession of your assets pursuant to your wishes, the answer is yes. A Will allows you to codify your wishes and appoint a trusted person to carry out those wishes. In Georgia, if you pass away without a Will, the law of intestacy determines what happens to your belongings. Typically, if you pass without a Will, your belongings pass to your spouse and children. Consider the following scenarios where having a Will would have been beneficial.

Scenario One: Job and Dinah

Job had three children from his first marriage. Job’s second marriage was to Dinah. Dinah had no children of her own, and she and Job never had children together, despite their long, loving marriage. Job and Dinah had become somewhat estranged from Job’s children who were still upset about their father remarrying.

Now let’s assume Job and Dinah owned their home together as tenants in common, and not as joint tenants with right of survivorship. (When a tenant in common passes away, that deceased tenant’s ownership interest passes to his or her heirs, whereas when a joint tenant with right of survivorship passes away, their ownership interest vests in the surviving tenant automatically). Job passed away without a Will. Under Georgia law, Dinah owns half of the house due to her status as a tenant in common, and Job’s half passes to his two children and to Dinah, with Dinah and Job’s children each inheriting one-third of Job’s half interest in the home. (Note: Georgia law states that a spouse inherits at least one-third of their deceased spouse’s estate. So, If Job had more than two children, Dinah would still inherit at least one-third of Job’s estate). Dinah decides to sell the home about one year after Job passes away because the memories from the home are too painful a reminder of her loss.

When Dinah finds a buyer for the home, she runs into a roadblock. She cannot sell the home without first probating Job’s estate (which is a conversation for another day) and then having Job’s two children sign away their interest in the home—a home they never lived in that belonged to a parent to whom they rarely spoke. If any of Job’s two children decide they don’t want to sign away their interest, that is their prerogative. They could delay the process out of spite, or because it might be at the bottom of their list of priorities. If Dinah’s potential buyer loses interest because of the delay, Dinah loses out on the sale of her and Job’s home. Or perhaps Job’s children refuse to sign unless they are paid to cooperate. Perhaps the children will not agree to sell the home unless it is sold for an unreasonable amount (after all, they aren’t familiar with the home, and they may see dollar signs and want more than the home is worth). If the situation escalates, it could cost Dinah thousands of dollars to see the matter through. If Job had a Will, however, and designated Dinah as the beneficiary of the home, this situation would never happen. Dinah could have signed a deed once she probated Job’s Will and she would not have lost out on the sale of the home, would have saved a substantial sum, and would have saved the headache of dealing with Job’s absent children.

Jacob married Rachel in his late twenties. It was his first marriage, and he had no children of his own. However, this was Rachel’s second marriage, and she had three children of her own that Jacob had the privilege of raising as his own. Jacob never adopted any of Rachel’s children. Let’s imagine that Rachel and Jacob owned their home as joint tenants with right of survivorship, meaning that if one spouse passed away, the other spouse automatically inherited the other spouse’s interest in the home. Now imagine that Rachel passed away before Jacob, and Jacob by law inherited Rachel’s portion of the home. Jacob is now the sole owner of he and Rachel’s home.

In this scenario, when Jacob passes away, his heirs are neither Rachel (because she predeceased him), nor Rachel’s three children whom he raised as his own (because he never adopted them). By Georgia law, upon Jacob’s passing, his heirs are his parents, his siblings, his grandparents, and his aunts and uncles (in that order). That means that Rachel’s children will not inherit Jacob and their mother’s home.

Joseph and Mary were engaged to be married. They dated for several years after Joseph and his first wife divorced. Mary loved Joseph and his two minor children from his first marriage dearly. Joseph and Mary lived together in a home titled solely in Joseph’s name. Unfortunately, Joseph passed away after a tragic accident. He left no will. In this scenario, Joseph’s assets do not pass to his beloved fiancé. Instead, his assets pass to his children. Because Joseph’s children live with his ex-wife, Joseph’s ex-wife will most likely come into possession of Joseph’s home until his children come of age. Meanwhile, Mary has no place to live. In this scenario, Joseph’s beloved fiancé is left without a place to live, and his ex-wife takes possession of his home.

These scenarios happen all the time. They are not based on any particular person, but tragic commonalities seen as a result of loved ones passing away without a Will. These are just a few of many examples of why a Will is important. It not only ensures your wishes are carried out, but it makes things much easier on those you leave behind.

A Will can be drafted in about a week, and it usually takes a short in-person meeting, a phone call, or a detailed email or intake form to start the process. It’s never too early to plan for your future. You work hard for your family every day to provide for them. Don’t forget to provide for them in this way as well. Give me a small amount of your time to help you provide for your family after your passing. Mourning a loved one is difficult, but handling their estate doesn’t have to be if the right steps are taken beforehand. Call Kendrick Law Office today and let me answer your questions and walk you through the process.