Will Questionnaire

Please answer the following questions as thoroughly as possible as to ensure that we accurately describe your wishes in your will. Please note that not all of these question may apply to you. If they do now, Please put N/A in the space provided for that particular question. You may wish to read all the questions and discuss them with your spouse or other family members prior to filling in the answers.

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Note that the Executor is your chosen personal representative for the administration of your estate. The Executor's duties will be that of paying off the debts of your estate and distributing the assets of your estate to your heirs. Your spouse is a good choice for Executor as long as your spouse would adequately deal with the administration of your estate. You may also choose to have two Co- Executors, who will jointly be charged with the responsibiliy of administering your estate. Again, please provide their full name, address and telephone number so we may contact them if necessary.
The alternate Co-Executor is charged with fullfilling the duties of the Executor(s) if the primary Executor you choose is unable to fulfill his/her duties for whatever reason. This is highly recommended to protect your interests in instances where the Executor becomes incapacitated, predeceases you, or is unwilling to fulfill his/her duties.
This is quite common, but not require. You may choose to leave any portion of your estate to your spouse after bequeathing particular items to other family members, children, or other parties. You are not required to leave anything to your spouse, but someone must be named to receive the rest, residue, and remainder of your estate.
This includes any children born to you or LEGALLY adopted by you, from any relationship. Again, you are not required to specifically leave any of your children anything if you are leaving everything to your spouse or other party.
Normally, the surviving spouse will be the chosen Guardian for the minor children. The Guardian is the person with the authority and responsibility to take care of the minor children and to handle their finances until they reach the age of 18(unless you elect to create a Testamentary Trust). You can choose one Guardian for all of your children, or different Guardians for different children.
If there is a chance that substantial property will pass to your child(ren) under your Will, and you want this property managed on their behalf beyond the age of 18, you will need to create a testamentary trust and appoint a trustee. You can create a trust for all of your children or a separate trust for each child.
Most people choose to name the same person as Trustee as they named Guardian, but you can name a different person if you so choose. The Trustee is responsible for looking after the Trust and make sure that the Trust property is safe and maintains or even gains value over time until the child meets the age you specify and at that time the Trustee distributes the proceeds of the Trust to the beneficiary child(ren).
Often people choose a specific age or event to terminate the trust, for example, reaching the age of 22 or completion of a four year college degree.
It is a good idea to specifically name those heirs whom you would like to receive nothing from your estate to show that you contemplated the particular person and decided to leave them out of your Will. This will help avoid any potential claim by that party to a portion of your estate.
As stated earlier, your spouse typically receives the remainder of your estate, known as the residue, which is all the property or other assets not specifically descrided in the Will, However, you can choose to leave the Residue to anyone you choose, a church or charity, or divide it equally among heirs of your choosing, Please name here who will receive the Residue of your estate.

Our Wills include a paragraph to allow you to list on a separate attachment any specific items of personal property (collectibles, family heirlooms, etc) that you may wish to leave to a certain individual. This allows you to make changes to the list as needed without having to prepare a new Will or Codicil (Amendment). For changes to your will regarding real estate or other important items, a new Will or Codicil to your existing Will may be necessary.

A valualbe resource for other general answers to questions regarding Wills and Estates, please visit the State Bar of Georgia's website at:

www.gabar.org/communications/consumer_pamphlet_series/wills/

Please contact us at 770-343-5389 if you have any questions about this form.