When moving to Georgia from another state, it is always advised to have your Will and other important documents reviewed by a
Georgia attorney who practices in the area of Wills and Trusts.
Georgia law in this area has some unique features which most likely have not been addressed. For example, Georgia has an election called “Year’s Support.” If not adequately addressed this election could upset your estate plan. Another example, is the “Elective
Share,” which goes by various other names. As of this writing, most states some version of this statute. However, Georgia currently does not have such a statute. The plan laid out in your Will may incorporate this statute. Since Georgia does not have this statute your plan may be upset. This could lead to undesired consequences. One area of additional concern is the formalities required for a valid Will. This includes, among other things, strict requirements for witnesses. Running afoul of these requirements can leave you without a Will at all.
Each Will is different, each person is different, and each state’s laws are different. Therefore, do not rely on this
non-exhaustive list of potential gaps in your Will. This list is only intended to alert you to the need to get your Will reviewed. It is strongly recommended that upon moving to Georgia you have your Will reviewed by a Georgia attorney who regularly practices in the area of Wills and Trusts.
Do you need to have your Will done? Do you have questions about Estate Planning for people relocating to Georgia? Then e-mail or call me at 770-795-4992. Let’s discuss your plans, goals and concerns.