Durden & Mills, PC

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Costs of Do-It-Yourself Estate Planning,Have you ever thought about trying a do-it-yourself estate planning package? These days, you can find a fill-in-the-blank form online that is ready to print online or can even pickup a pre-printed form at your neighborhood office supply store. While those pre-printed forms may be convenient, the unfortunate reality is that when estate planning documents are not properly executed, the small initial cost savings creates significant proble...ms in the future. Those with simple estates don’t need a great deal of estate planning, but they still need legitimate estate planning documents. For most situations, that typically includes a Will, a Georgia Advance Health Care Directive, and a financial Power of Attorney. Some well-intended people try to create these documents on their own, searching online for a free template or a paid website. While some of these templates are effective, others result in a defective estate plan that creates more issues for the family when the documents cannot be enforced as originally anticipated. One of the more common mistakes with do-it-yourself estate planning documents has less to do with the the documents, but with their actual execution. In most situations, a will requires two disinterested witnesses and a Notary. The witnesses must be at least 14 years old and cannot be a beneficiary listed within the Will. Also, the Notary should not be counted as one of the two witnesses. Without the required number of witnesses, the do-it-yourself Will is almost always going to be considered unenforceable. Another problem with do-it-yourself estate planning documents relates to enforcement of the specified provisions. In some situations, the scenarios anticipated by the individual at the time the will is prepared is no longer applicable and therefore the "plan" cannot be implemented. This type of problem usually relates to disposition of a specific piece of real estate or an automobile. In some situations, the fact people utilized a do-it-yourself estate planning package instead of an experienced estate planning attorney can ultimately cost thousands of dollars in legal fees or other expenses. In a recent situation we are handling at Durden & Mills, PC, the deceased purchased a do-it-yourself estate planning package from a popular website. Unfortunately, the deceased's love one is having significant difficulty probating the Will due to several technical errors in the drafting and execution of the Will. In retrospect, the costs of a standard will from a qualified estate planning attorney would have been much less what will ultimately be paid to litigate the matter. If you want to discuss your estate planning needs, please call the Estate Planning attorneys at Durden & Mills, PC to schedule a free consultation.Call us at (706) 543-4708 and we'll be happy to meet with you.,,http://durdenmillspc.com//costs-of-do-it-yourself-e/,admin

Divorcing an Alcoholic or Drug Addict,Regrettably, alcohol and drug addiction is often times one of the many issues that push couples to get a divorce. In some situations, one of the spouses may be so incapacitated that the other spouse is forced to seek emergency relief from the Courts to protect their safety and the safety of the children. At Durden & Mills, PC, we have experience assisting parties with navigating the divorce / child custody process for the sober parent...Continue reading

Common Mistakes With Beneficiary Forms,While establishing your Last Will and Testament or Inter Vivos Trust Agreement is an important step in creating an effective estate plan, there are other tasks that are equally important. In some situations, people forget to update the beneficiary selections to be consistent with their overall estate plan. At Durden & Mills, PC, we have seen the unfortunate reality of what happens when an ex-spouse forgets to change a beneficiary sel...Continue reading

Can you Revoke a Will?,The short answer is Yes! There are a few methods to revoke a will, but the testator (the person who signed the will) must have testamentary capacity in order for the revocation to be effective. Revocation by New Last Will and Testament Most typically, a valid Last Will and Testament is revoked by executing a new will that complies with all of the necessary requirements for a Georgia Last Will and Testament. However, a will that purports to revoke prior ...wills that is not itself valid, is not effective at revoking a prior valid will. Revocation by Obliteration or Destruction To effect a revocation of a will by obliteration, the testator must make material obliterations to the will and intend for the act to revoke the will. In the alternative, the testator can direct another person to do the destruction or obliteration to the original will, so long as the testator also has the intent for the act to revoke the will. If a material portion of the will is obliterated, then it is presumed that the testator intended to revoke the will in its entirety, unless there is substantial evidence to demonstrate otherwise. This method of revoking a will is less preferred because of the fact witness testimony may be necessary to establish the intent of the testator. Revocation by Lost Will If an original will is lost, Georgia law presumes that the testator revoked the will. However, there is hope if you want to probate a will and you can not find the original. Even if the original can not be located, the Court can accept a copy of the will if the court receives sufficient evidence that the testator never intended to revoke the will. When a copy of a will is offered for probate, the burden is on the propounder (the person filing the petition in the probate court) to rebut a presumption that the original will is lost and the testator intended to revoke it. If you or loved one needs to discuss the possibility of revoking an existing Last Will and Testament or the consequences of a prior revocation, the estate planning lawyers at Durden & Mills, PC can assist you. Call us at (706) 543-4708 for a free consultation.,,http://durdenmillspc.com///07/can-you-revoke-a-will/,admin