Lawyer stocking

Thinking of dying? Here’s a few helpful tips. You should do a will or trust, but some of you just assume that doing a will means you are going to die. 

Newsflash! Everyone born in 1900 who did, or didn’t do, a will, died. So you might as well hire an attorney to do it right. Do your own brain surgery if you insist, but leave legal matters as serious as estate planning to a qualified attorney.

But if you are looking to avoid lawyer fees, follow my helpful Law School 203 course, “Economical Brain Surgery Explained.”

Georgia has a relatively new option for the transfer of real estate upon your death. There is now the option to record a deed that says Dovahkiin Watkins (I hope that’s no one’s real name) gets your real property upon your death. I imagine that should be recorded before you die, but I don’t know if that’s been litigated yet. 

See O.C.G.A. Sec. 44-17-2. Upon your death, the beneficiar(y)(ies) then files or will file an affidavit and, voila, it’s theirs! You can change your mind too. Again, before you die, since you can’t tell anybody after you die.

You can do that same thing with your bank account, IRA, 401(K), and pretty much any financial account. Whether it be a designated beneficiary or a POD (Payable on Death) form, it is a relatively simple procedure accomplished by filling out a form. The money then passes outside of probate.

Your family can take title of your car(s) by a form filed with the local tag office after your death, if there is no will—that’s an Affidavit of Inheritance (Form T-20).

So with that, in Georgia, you can now dispose of your real estate, financial accounts, and automobiles without ever having done a will.

Relax. Estate lawyers won’t go hungry as a result of these options. But still, leave a little something in your lawyers stocking this year. You do have a stocking for your lawyer, right?

Kelly Burke was born in Knoxville where he spent his younger years, followed by high school years in Atlanta where he graduated from Georgia Tech, and Mercer Law School. He has been in private practice, a magistrate judge, and an elected district attorney. He writes about the law, politics, music, and Ireland. He and his wife enjoy gardening, playing with their Lagotto Ramanolo named George Harrison, and spending time with their grandchildren. To see this column or Kelly’s archives, visit www.kellyrburke.com. You can email Kelly at dakellyburke@gmail.com.