Legal Question in Wills and Trusts in Georgia

Since we don't know from your post how the home is titled, we don't know if he even owns it. Your post contradicts itself. You can't buy a home without a deed, yet you say he did. Given your confusion as to that there is no way to respond except to say you need a lawyer.

As a surviving spouse, you may be able to seek, if you act promptly, what is known as years support out of his estate. That might include an award of real estate. Again, get a lawyer ASAP.

All states have what are termed "elective share" or "spousal share" statutes and Georgia is no exception. You will be entitled to a spousal share as you were married to your husband unless you signed a pre or post nuptial agreement. There is a time limit for asserting these rights and you do not indicate when your husband died. I agree with the prior attorney that you should immediately seek out a probate attorney so that your rights are protected.

The other part of your question concerns the real property. By virtue of the divorce your husband owned half and his ex-wife owned half. If your husband bought out the share of his ex wife, then there had to have been a deed evidencing the sale or some kind of contract. If your husband was the sole owner, then the property will pass to his heirs as named in the will. If he only owned half, then only his half will pass as per his will and the beneficiary would own 1/2 along with the ex-wife. In either case, it is possible that your elective share may be a portion of this realty or the equivalent in cash.

Renunciation or disclaiming is when someone who is a named beneficiary gives up their inheritance. In such case, assuming the renunciation is proper, then the person who renounces will be treated as if they died before the testator and the property will pass to the next named beneficiary, if there is one or as per the residuary clause or if there is none, then perhaps via intestacy, in which case, you would get a share. Only a lawyer can review the will and indicate whether it would make sense but it would be up to the beneficiaries to renounce their inheritance, not you.

The other way renunciation can occur is that whoever is the named personal representative is unwilling or unable to serve in that capacity. In such case, he or she can renounce and the next named person will serve instead. If no one is named, then anyone can seek to be an administrator of the will.