The Mason Law Firm, LLC, drafts wills and trusts on behalf of clients. The process involves meeting with the client to discuss their estate including real property, pay on death accounts, retirement accounts, pensions, and other assets.
Our attorneys take special care to ensure our clients understand why a will is needed and what will happen to their estate upon their death. We are experienced in drafting complex will and trust instruments if required.
Due to our experience in probate and estate litigation, we are sensitive to ensuring we protect our clients’ estates from future litigation. We have developed a specific method for executing a will to assist in refuting future claims of undue influence, lack of mental incompetence, or fraud.
We also work with a client’s financial advisor and C.P.A. to ensure their estate is properly constructed.
Requirements of a Will:
Mason’s Last Will & Testament Best Practices:
- Do not keep your will and advanced medical directive in a safety deposit box;
- Have knowledge of your estate including assets subject to probate and not subject to probate;
- Educate specific family about assets and debts; keep a list or binder with documents;
- Ensure that specific family have knowledge of the location of the will;
- Ensure that specific family have knowledge of any amendments being made to your will;
- Shred or discard your former will upon execution of a new will; ask for copies back from family;
- If your assets change, revisit your will to ensure those assets are properly addressed;
- If you marital status or parenting status changes, revisit your will to ensure those changes are properly addressed;
- Obtain a letter from your primary care physician stating you are competent to execute a will or that you do not have mental deficiencies that would infringe upon your ability to understand creating a will;
- Be specific about your wishes. Do an inventory. If you are leaving specific items to specific people, clearly identify the items. Do not use broad phrases like “memorabilia, family heirlooms, kitchenware, china, etc.” that could be subject to multiple interpretations.
Internet Will
Individuals should avoid obtaining a will online and filling it out. Regardless if the website states it meets the legal requirement of the State, only a trained attorney can evaluate a purported will to determine whether it meets the legal requirements.
Using an online will only creates uncertainty about your estate. The will will not be evaluated until the probate process. If it fails to meet the legal requirements, your wishes will not be regarded. And, a specific law will govern the distribution of your estate to legal heirs as if the document had not been produced.
In addition, the will could be invalidated due to imperfect execution. Georgia has specific requirements about how the will must be executed. Failure to meet the execution requirements may result in the Court not following your intent.
It is always preferred that a will be drafted by a competent attorney and executed with the attorney present.
Why Obtain a Will
Will & Guardianship of Children
Contesting a Will
Rights of Heirs
