Legal Question in Wills and Trusts in Georgia

what can I do if one of my husband refuses to sign off on the will . we have a house which we bought during our marriage which has his name on it on only because I was in Fla and they had to have I sign right then will I been able to keep my home and get it change in my name he gave his children 100.00 each and the son may not sign off because he wants more


Asked on 8/08/16, 1:43 am

1 Answer from Attorneys

Why does your husband need to "sign off" on a will? He makes his will or not. You make your will. His failure to sign your will has no affect on your will. If he chooses not to sign his own will, that's his choice. If he dies without a valid will in place, I think its foolish of him, but those are the risks he chooses. His estate in such case will be distributed as per the intestacy laws of whatever state he resides in at the time of his death. Of course, it will depend on what he owns and how it is titled Many things are non-probate assets, like jointly held bank accounts, jointly owned real estate with right of survivorship, IRAs/retirement, life insurance or other non-probate beneficiary-designated asset.

You mention you bought a home. Where is the hoe located? In Georgia? If your husband does not make a will, then his estate will pass 1/3rd to his spouse (i.e. you) and 2/3rd to his children. I don't know who "they" are as referenced in your post. The rest of your post is incoherent. I can well imagine that his children will not be satisfied with a measly $100. Is this some point your husband is trying to make?

I also do not understand why your husband's son has to sign anything. Children have no right to inherit from their parents.

You are obviously confused. I suggest that, after you calm down, think about the answers to these questions. What do you and your husband own and how is it titled? Is your husband alive or dead? If dead, then he obviously cannot make a will and his estate will pass as per the intestacy laws. You will have to know when your husband died and whether an estate has been probated. If not, why not? Have you petitioned for probate? While the children can consent to probate, they do not have to do so. In such case, an actual probate petition is filed with the court and served on the children. They will have to object and if they do not then you can administer the estate.

I suggest that after you think about this, that you speak to a probate attorney who practices in the county/state where your husband lived. If your husband is still alive then you both need to see a probate/estate planning attorney to get things in order. You should be added to the deed of your home so that when your husband dies, his share of the home can pass to you by operation of law. You both need wills and other estate planning documents.

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Answered on 8/08/16, 8:06 pm


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