Legal Question in Family Law in Georgia
Divorce
My husband & I have been together about 28 years. He's threaten divorce. His Aunt passed about a year ago and left him as the executor/administrator of her will. She was pretty well off. If he or I file for divorce- my first question is would any of her property (that's left in her estate) be negotiable in the divorce? My second question is I was one of the 50 people named in her will; he is in the process of bequeathing those items out, but not to me (I know what she left to me), how would that be handled in the divorce?
3 Answers from Attorneys
Re: Divorce
While an inheritance to him is not divisible in a divorce, his assets may impact what you receive otherwise. Without seeing the will, I have no way to begin to answer the other part of your question. You should retain an attorney promptly to advise you.
Re: Divorce
No. A gift to him is his property unless he chooses to make a gift to you. If you are a beneficiary in the will you have to monitor the probate file, and if he does not disburse what you were left to you, you can and should appear in the probate.
I'm sorry for the end of a 28 year marriage.
If you have children or other loved ones you would like to protect when death or disability strikes you, I suggest you get and read my book "How You Can Protect Your Loved Ones in the Event of Death or Disability (Without Paying a Legal Fees}" Not only does it explain virtually everything you need to know in plain English, but it contains in the Appendix a copy of the Legacy Living Trust Package. This is a complete trust package for the Middle Class including a Living trust for single or for married people, a durable general power of attorney, an advance healthcare directive, an Abstract of Trust, all necessary transfer documents and instructions. Having taught literally hundreds of seminars to thousand of regular middle class people, I have learned how to answer the most important questions in language understandable to all. Having learned over 30 years that most people that go to an attorney to pay $1200 or more for these documents don't understand the language in the unnecessarily complicated documents, don't understand what they are doing and why, and ofen make common but avoidable mistakes, I created the Legacy Living Trust Package.
You can order the book on-line at Amazon.com, but, it is better to order at www.IWant2CreateMyLegacy.com. If you order there, you will get a free special report entitled "The Seven (7) Most Common Mistakes Made by the Middle Class in Planning For the Inevitability of Death and the Likelihood of Disability, and How to Avoid Them." This report alone could save you and your family hundreds of times the cost of the book.
Agian, the book is, to my knowledge, the only one written for regular people in the middle class, and it contains in an appendix the Legacy Living Trust Package, which to my knowledge is the only complete fill-in the blanks trust package written in simple English (People Ease, not Legalese) that will be valid in every State in the US.
Re: Divorce
First, what was left to you in the will is yours, period. You can take him to court to force him to distribute what is yours to you.
Second, you are not entitled as a matter of right to any of his inheritance. However, since you asked if that is negotiable, the answer is YES. Often a party, such as your husband, will agree to pay something he is not obligated to pay just to reach a settlement in the divorce.