A Will is the simplest form of estate planning documents.  It is the document used to express the final wishes of someone who died.  Because this is a controlling document, there are strict requirements for the execution of a will.  Examples of these are that a will must be signed in front of the witnesses.  A will signed out of the presence of the witnesses is invalid, even if the testator (signer of the will) later acknowledges to the witnesses that he/she signed the will.  A simple mark on the will by an accidental pen stroke can invalidate the will, as such marks have been interpreted by Courts as the testator revoking the will.  Many other technical issues can cause problems with a will, which is why it is important to have a professional develop a plan and create the will.  

​

While this is not an exclusive list, the main things determined in a will are:

• Determination of inheritance of real estate

• Division of stocks and bonds

• Division of retirement and investment accounts

• Custody of minor children

• Distribution of family heirlooms

• Direction about funeral, burial, and/or cremation

• Transfer of vehicles

• Transfer of other personal property

​

A will does have limitations, however.  With a will, you cannot:

• Control what happens to assets after distribution (the money is given outright to the heirs)

• Limit the way money is spent

• Control what happens to real estate after distribution

• Give controlling direction about any item or account

To exert that level of control, one would need a trust.

​

To discuss the creation of a will or other estate planning needs, call 770-863-8355 to schedule a free strategy meeting with one of our attorneys.