Legal Question in Family Law in Georgia

You can put this information in your respective wills. While you are at it, you should use the opportunity to discuss with your husband where you would like your assets to go in the event of your passing. The best way to do this, of course, would be to hire a probate/estate and trusts attorney to meet with you and husband in person, prepare the will or wills, and perform the necessary steps to have the will properly witnessed and notarized. You cannot, under any circumstance, simply create your own will and sign it -- a court will not recognize the will as a valid legal instrument, so it's very important you do this the right way. Think about this way -- isn't it worth a little bit of money now to make sure that your kids and you or your husband are taken care of in the event one of you passes? The last thing you want is a legal mess while you are dealing with the death of a spouse.

Once the will is prepared and fully executed (signed, witnessed, notarized), anyone can hold onto the will. The best idea, however, would be to have your lawyer hold onto the will for safe keeping -- tell a few close relatives the name and contact information of the attorney in the off chance that you and husband both die at the same time (say, in a car or plane crash) so that the attorney can swing into action and take the appropriate steps to dispose of your assets according to the terms of your will and so that it is clear what your wishes were in terms of custody of your kids.

Please let me know if you need a referral in Georgia for an estates and trusts attorney and I will be happy to pass along the information. You can contact me directly at [email protected].

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

My office handles this type matter.

You would do this by naming guardians in your wills. At the same time you can also create trusts so that you can leave assets to your children and protect the assets.

Your will is usually best kept in a bank safety deposit box where your future guardian and executor are on the signature card. Phillip's statement that a lawyer should hold the will is dead wrong - if the lawyer dies, moves or retires the will could disappear without your knowledge. I am surprised a lawyer would have suggested that. Make sure all your close family members know where your will is stored. (Wills also can be stored with the Probate Court if you do not have a bank box).

The cost is usually quite inexpensive. Call me at 404-768-3509 for more details.