Legal Question in Wills and Trusts in Georgia
I am looking to make a personal will primarily for the purposes of guardianship on my minor children in case none of the parents survive. My minor children are US citizens, I and my wife are Indian citizens on US work visa, residing in Atlanta, GA. I would like to give the guardianship of my minor children to my parents who live in India and are Indian citizens.
My questions are:
1. Do I need to make an international will (since the proposed guardians reside in India) or a simple last will and testament would suffice?
2. If a international will is required in GA, how should I proceed with the next steps.
3. Would notarizing the will make it self proving in GA?
2 Answers from Attorneys
1. There is no such thing as an "international will.
2. Notarizing a will does NOT make it self-proving unless you also include the necessary language and other signatures.
3. No will, especially where minors are involved, should be done without a lawyer. In your case you will need two - one in Georgia and one in India.
Wills are governed by the residence of the testator at the time of death,and must be valid under that law. Since India is a common-law jurisdiction, this rule would probably hold there as well. That being said, guardianship is often subject to other statutory requirements, which may require that you execute appropriate documents in India (possibly a second will, operative only in India--but an Indian lawyer would have to answer that).
To be self-proving, an affidavit in proper form must be signed at the same time as the will, and annexed to the will. I concur that the advice of a lawyer is necessary here--minor changes in the form of the affidavit can invalidate it.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
