Common questions, quiet answers.

Georgia actually doesn’t have a document called a “revocable living will.” Most of the time, people are thinking of two separate documents:

A revocable living trust is executed while you’re living and titles your assets to the trust. Done properly, it allows your estate to avoid probate.

A living will expresses your wishes about life support. In Georgia, we use an Advance Directive for Health Care, which replaces the older living will.

Under Georgia law (O.C.G.A. § 53-2-1), distribution depends on who survives you:

If you have no children, your spouse is the sole heir. If you have both a spouse and children, they split the estate — with the spouse receiving at least one-third. Without a spouse, your children inherit everything. If there’s no spouse or children, your parents inherit; otherwise, your siblings do.

This applies only to probate property. Life insurance, retirement accounts with beneficiary designations, and jointly-owned property pass outside probate.

They share the word “living” but serve very different purposes.

A living trust is primarily used to avoid probate — property titled to the trust bypasses probate when you pass away.

A living will communicates your wishes about life support. In Georgia, an Advance Directive for Health Care typically takes the place of a traditional living will.

A power of attorney lets someone you trust handle your financial and legal affairs. To create one, you must have sufficient mental capacity — meaning you can enter into a contract and understand what the document does.

If that capacity isn’t there, a court-appointed guardianship or conservatorship becomes the route instead. Guardianship addresses personal and healthcare decisions; conservatorship manages property.

Rather than naming a guardian outright, the simpler path is to execute a Power of Attorney and a Georgia Advance Directive for Health Care that designate the person you want handling your finances and healthcare if you’re incapacitated.

A note of caution: I generally advise against adding children to your bank accounts. Those assets can be exposed in a divorce or bankruptcy. Talking through your wishes in advance — and documenting them properly — helps your family avoid the cost and delay of a court guardianship.

It depends on the type of debt and how the asset is owned.

If your spouse had debt in his or her name only, creditors can make a claim against the estate — but not necessarily against you personally. Jointly-owned assets pass automatically to the surviving spouse outside of probate.

Life insurance and retirement accounts with designated beneficiaries are generally protected from creditors. Secured debts like a mortgage travel with the property.

Any time something meaningful changes — marriage, divorce, a new child, a move, a significant change in assets, the death of a loved one named in your plan.

If you’ve moved out of state, your documents should be redone in accordance with the laws of your new state. Changes in estate tax law can also be a reason to review.

Avoid placing assets in a custodial account in the child’s name. Generally, an individual can’t have more than $2,000 in countable assets and still qualify for SSI and Medicaid.

If funds exceed that threshold, the child loses benefits until the money is spent down. A properly-structured special needs trust can hold assets for the child’s benefit without disrupting eligibility.

Guardianship is a legal process where someone petitions a court to be appointed guardian over another person. Guardians make legal and healthcare decisions, but don’t typically manage money — conservatorships handle that.

Once a guardian is appointed, the ward typically loses important legal rights — including the right to vote, marry, and own firearms. Because it’s a significant step, it’s almost always preferable to plan ahead with a well-drafted Power of Attorney and Advance Directive.

Most wills address a common set of decisions: distribution of your property, burial or cremation preferences, guardians for minor children, trusts for beneficiaries, appointment of executors and trustees, and waivers of bond and inventory for your executor.

We’ll walk through each of these together so your will reflects your actual wishes — not a template.

Choose someone you trust to raise your children the way you would — who shares your values and is genuinely willing. Talk it over with the person in advance and get their full agreement.

Always name alternate guardians in case your first choice can’t serve. If you’re naming a couple, it’s worth considering what should happen if they separate. And remember: guardianship and money management can be split between different people if that makes sense for your family.