Don't Have a Will? Create One Now!

August is National Make-A-Will Month — a fitting reminder that taking care of your loved ones isn’t just a gesture of love; it’s a matter of responsibility. Many people avoid thinking about creating a Will because it feels morbid or complicated. But the truth is, setting up a proper estate plan is one of the most caring, empowering things you can do for your family, friends, and legacy. This blog post will explore why August is the perfect time to create or update your Will — and how doing so offers peace of mind, clarity, and protection for everyone involved.

📅 Why August? A Reminder You Can’t Ignore

"National Make-A-Will Month” began in the 1990s when the American Bar Association (ABA) noticed a worrying trend: most U.S. adults lacked a Will. Even those who briefly considered it often didn’t follow through. August serves as an annual nudge — a structured opportunity to meet with an estate planning attorney and actually finish the job. It’s a one-month push to prioritize your estate planning and ensure your final wishes are documented.

What Is a Will — and What Doesn’t It Do?

A Last Will and Testament, informally known as a “Will”, is a legal document that dictates how your assets will be distributed after your death. Here’s a snapshot of what it covers:

• Asset distribution – Who gets the house, the car, the savings account, and cherished family heirlooms?

• Minor guardianship – Who will care for your children if they’re under 18?

• Executor designation – Who manages your estate, pays debts, and ensures your wishes are carried out?

• Trusts for underage beneficiaries – Ensure that your assets will not pass outright to your beneficiaries before they are mature enough to responsibly manage their inheritance.

• Trusts for disabled beneficiaries – Preserve assets for any beneficiaries who may be eligible for a means-tested government benefits program because of a disability without disrupting their access to benefits.

However, a Will does not cover everything. Assets held in joint ownership, assets with designated beneficiaries (like life insurance or IRAs), and assets held in living trusts operate outside your Will’s control. And a Will doesn’t protect assets in the event of your incapacity, nor does it offer tax reduction or probate avoidance strategies. But even without these extras, a Will is a foundational starting point.

Why Everyone Needs a Will — Yes, Even You!

Why create a will? Here are five good reasons:

1. Without a Will, your estate goes through “intestate succession.” Each state has laws that determine who will inherit your assets if you don’t leave a Will — often defaulting to a spouse and/or children. In Georgia, if you pass away leaving a spouse and children, your assets will be divided between them. But what if you’re unmarried, have stepchildren, or want to leave something to a dear friend or charity? Without a Will, state law decides — and it might not match your wishes.

2. Avoid probate pitfalls. Probate is a legal and court-supervised process that manages estate distribution. Without a clear, up-to-date Will, probate can become drawn-out, costly, and public — exposing private family matters in the court record.

3. Plan for the unexpected. A Will allows you to designate guardians for minors or those with special needs. Without it, a court could appoint a guardian who may not align with your values or vision for their future.

4. Peace of mind = less stress for loved ones. Grieving families shouldn’t deal with legal confusion or battles. A clear Will, properly executed, keeps things simpler and smoother during difficult times.

5. Ensure gifts are honored. Your prized collection of paintings or grandmother’s jewelry — whoever you want to inherit these keepsakes, a Will ensures they go to the right place.

   
   

What Happens If You Don’t Have a Will?

Without a Will, things might not turn out like you hoped they would. Here are just a few examples:

• State law steps in. The court appoints someone to administer your estate, and assets get distributed based on a fixed order (spouse, children, parents, siblings, etc.) that may conflict with your personal wishes. Many clients are unaware that under the Georgia intestacy laws, your spouse will not inherit everything if you also have children!

• Family conflicts arise. Without clarity, disagreements are common — and emotional — leading to legal fights and family rifts that never heal.

• The wrong people inherit your assets. There may be unintended heirs or beneficiaries. Let's say you have a friend you treat like family that you want to receive part of your estate. If you don't have a Will, your state’s default rules might not reflect those close emotional bonds.

  
  

How to Get Started This August

If we've convinced you that it's time to start on this important planning, here's how to move forward:

1. Review what you have now. Set an afternoon or evening during August to review your current estate plan if you have one. If you don't have one, go to step 2.

2. Gather information. Collect records of assets, including real estate, bank accounts, retirement plans, brokerage statements, etc. Also note any digital or sentimental assets.

3. Choose trusted people. Who will be your executor? If you have minor children, who might be the best guardian? Name alternates, too, in case your first choice is unable or unwilling to serve.

4. Draft your Will. You will get the best results if you work with an experienced estate planning attorney who can make sure that your legal documents achieve your goals. It's also the best way to ensure that your Will is legally valid in Georgia and that your signing was properly witnessed and notarized.

5. Review and update regularly. Life events such as marriage, divorce, a new child, a death, a move to another state, or buying or selling property may require updates to your estate plan. Review your estate plan after every major life event, or every five years at minimum.

6. Store it safely and share its location. Store your Will and the rest of your estate planning documents in a safe place, such as a fireproof safe, a lawyer’s office, or a secure digital system. Make sure your executor and close family know where to find them.

Beyond the Will: Consider Your Full Estate Plan

A Will is important, but it's just one piece of the puzzle. If you want to be fully protected, you need a complete estate plan, which includes:

• Durable Power of Attorney: Gives the people you choose the authority to make financial decisions for you if you’re incapacitated.

• Georgia Advance Directive for Healthcare: Guides medical decisions if you’re unable to make them.

• Trusts: Though not applicable for everyone, trusts can help avoid probate, reduce taxes, protect assets from long-term care costs, provide control over how your assets are used, and more. An experienced estate planning attorney can help you determine if trusts are appropriate for your situation.

• Beneficiary designations: Periodically review accounts like life insurance and retirement funds that have beneficiary designations. These designations typically override your Will.

Final Thoughts

August brings a timely nudge — National Make-A-Will Month — but the decision to create or update a Will needn’t wait. By taking this essential step now, you’re gifting your loved ones direction, dignity, and peace of mind during life’s hardest moments. If you haven’t done it yet, now is the time. Kimbrough Law can help you secure your legacy and protect those who matter most. Call 706.850.6910 to schedule your confidential consultation.