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Saving dad's guns from potential take over...

It takes 20 minutes or so to go to eforms.com and do a will. Probably use legal zoom and do the same. They have a form, just fill in the blanks. By Ga law it has to be notarized and witnessed by two people who are not heirs. My bank will do that for me. It is better to have it done then no questions about what your wishes were.
If you follow the instructions of those sites, your will will not be valid in Georgia.

There's more to a will than slapping some words on a piece of paper.
 
If you follow the instructions of those sites, your will will not be valid in Georgia.

There's more to a will than slapping some words on a piece of paper.
I know. It has to be notarized and witnessed by two witnesses. As stated in my post. What is not legal about them?

 
Get your dad to give you the guns before he dies. My dad trusted his whore wife and didn't do jack to ensure my brothers and I got our grand parents things. That bitch took everything. She kept all my grandfather and great-grand fathers old hand tools. I had to pay for my fathers funeral because his loving whore wife didn't want to pay to have him buried
She was re-married 30 days after my dad died. Big life insurance payment was a great start to her new life
So you guys made up it sounds like
 
I know. It has to be notarized and witnessed by two witnesses. As stated in my post. What is not legal about them?

A will does not have to be notarized.

A will has to be witnessed by two witnesses, all of whom have to be in the presence of the testator at the time of execution of the will. One of them can be a notary, but it doesn't make any difference. The attestation clause of the will has to recite these facts, which the online sites don't include.

A will can be witnessed by two people, in the presence of the testator, if they sign a notarized affidavit that recites the appropriate facts. Part of the form is an attestation that the witnesses saw the testator sign, and that they saw each other sign the will while in the presence of the testator. The notary does not witness the will, nor notarize the signature of the testator.

Other than that, pretty much spot on.

I have seen wills witnessed in banks that did not comply with Georgia law. In fact I use my bank to witness wills, and have to "ask" them to comply with Georgia law. A common reaction is "that's not how we usually do this."
 
Just because he's now married doesn't mean those guns are community property. If bought and paid for prior to the marriage, they are your dad's property unless he chooses to change that status. He can give them to you, his wife, or anyone else without the need for the wife's approval.

Better to make these arrangements while he's living, rather than let the state or the wife do it. Possession is 9/10s of the law, blah blah.
 
A will does not have to be notarized.

A will has to be witnessed by three witnesses, all of whom have to be in the presence of the testator at the time of execution of the will, none of which is mentioned in the online sites. One of them can be a notary, but it doesn't make any difference. The attestation clause of the will has to recite these facts, which the online sites don't include.

A will can be witnessed by two people, in the presence of the testator, if they sign a notarized affidavit that recites the appropriate facts. That is not mentioned in the online sites, and as far as I know, they don't provide the appropriate form. Part of the form is an attestation that the witnesses saw the testator sign, and that they saw each other sign the will while in the presence of the testator. The notary does not witness the will, nor notarize the signature of the testator.

Other than that, pretty much spot on.

I have seen wills witnessed in banks that did not comply with Georgia law. In fact I use my bank to witness wills, and have to "ask" them to comply with Georgia law. A common reaction is "that's not how we usually do this."

Can I make a will online in Georgia?​

Yes, you can make a will online in Georgia. We recommend the online will making service USLegalWills, which delivers a highest quality online last will and testament.

The main legal requirements for a will to be valid in Georgia are:

  • The person making the will (the Testator) must be at least 14 years of age with no legal disabilities that make them not of sound mind.
  • The Testator must have “testamentary capacity,” or a decided and rational desire to disburse their property.
  • The will must be made freely and voluntarily.
  • The will must be signed by at least two witnesses, also at least 14 years of age and of sound mind. The witnesses must see the Testator sign the will, and the Testator must see the witnesses sign the will.
  • The witnesses should not be beneficiaries in the will, as the witnesses could lose what was left to them.
After making an online will, you must print it out. Some states allow a digital-only will, which means the will can be made online, signed, and witnessed electronically without making a paper copy. However, the state of Georgia does not allow digital-only wills.

Does Georgia require a notarized will?​

No, Georgia does not require a notarized will. When a will is presented in the probate court, it must be validated. Georgia allows for what is called a “self-proving affidavit” to be attached to the will in order to quickly validate it. This is a separate document from your will, and this is what gets notarized (not the will itself). In addition to the affidavit(s), a certificate with the official seal of the notary public must also be attached to the will.

In Georgia, the Testator and the two witnesses must sign a “self-proving affidavit” in front of a notary public for the will to be “self-proved.”
 
He definitely needs an updated will. I can guarantee you she will change her tune after your Dad passes. Best case scenario his wife will get an equal share with the kids. Everything needs to be spelled out and documented with the court. If y'all can work it out and distribute everything before he dies the better. Main thing is to take care of things before your Dad passes and the immediate family members be in agreeance. After all is said and done, you're immediate family is all you will have. Keeping these relationships in tack will mean so much to each one of you
 
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