Frank Hamilton, founding partner of the Hamilton Law Firm,
spoke with local group SALT this past week to discuss the importance of protecting your assets and preparing for your future, while you still can. SALT, which stands for Seniors and
Lawmen Together, is a local group of senior citizens and Forsyth County
Sheriffs Officers who meet to discuss topics relevant to the senior citizen
community in Cumming and Forsyth County.
Over seventy-five attendees joined Mr. Hamilton in a
discussion regarding the importance of planning for the future. Many people neglect discussing and
planning for what they want to take place after their death because it is an
uncomfortable topic, but a few hours today can save a lot of trouble for your
family tomorrow. According to a
recent survey by Rocket Law, 57% of adults do not have a will. This is an unfortunate statistic, as Frank discussed.
Mr. Hamilton warned the SALT members about the dangers of
not having a will, stating, “I have seen client’s property totally liquidated
for pennies in estate sales because the client never prepared.” If a person dies without a will, their
property is divided up through Georgia’s intestacy laws. You may want the home you’ve shared
with your spouse to remain with that spouse after you pass away, but intestacy
laws could end up dividing the home between your spouse and children.
On the other hand, Mr. Hamilton has assisted in the smooth
and seamless administration of a well thought out and drafted will, covering everything from the
burial arrangements the client wanted to which family member received the
client’s china collection. "There are little-to-no headaches involved when a client has taken the time to document their wishes in a will. The will is a living and breathing document that the client can change as their needs and wishes change."
The SALT members also learned the importance of involving an
attorney in the will drafting process. Frank explained that years of training and experience make a
difference in creating a valid will (the key word being valid). “Most people
don’t realize that printing a will from Internet and filling in the blanks does
not create a valid will in Georgia.
There are certain formalities that have to be met for the will to be
valid.” An online "form" will could leave your family in the same position as you would be in had you never drafted a will. The formalities are most
easily met by enlisting the help of a practicing attorney, who can make the
process simple and ensure that your will is drafted in a way that best suits your needs and wishes.
The SALT group enjoyed and appreciated Frank Hamilton’s candid
discussion of the dangers of not having a will, as well as his look at the
process of creating and probating a will. Check in here next week as we continue to explore the dangers of not having a will.
Contact The Hamilton Law Firm today with any questions you have about creating a plan for your
future.