Legal Question in Wills and Trusts in Georgia

What is the GA law for a widow where there was no will. He husband had adult children from a previous marriage. Will she be protected or will the assets have to be divided?


Asked on 9/15/10, 8:37 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

This is a complex situation, and the one certainty is that if the widow does not quickly hire a lawyer, she will likely have a bad result.

It is sad that anyone would treat their spouse so badly as to not leave a will, but sadly it is common.

Georgia law permits a surviving spouse to seek "Year's Support" from the estate. That can in some cases be the whole estate, or something less. It depends on the facts of each case.

Years Support can have a fringe benefit of saving the spouse a year's worth of property taxes and dispensing with some debts.

Georgia law also provides for a division of intestate property between the wife and children.

And if the parties agree, sometimes a third choice, No Administration Necessary, is an option.

The two laws may conflict depending on what the widow does. It is very important for the wife to act before the children, especially if there is no consensus,

Let me stress this can be a case where time matters greatly, and getting a lawyer quickly is absolutely vital. Absent a lawyer, no she won't be protected, and she may fare badly.

Read more
Answered on 9/20/10, 8:47 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Georgia