Legal Question in Wills and Trusts in Georgia
Distribution of the estate of a married couple
If a married couple has stipulated in their wills that their assets should be distributed to their siblings if they die at the same or about the same time, will their estate be divided in half, with each half being divided between the siblings of each spouse, or will the assets be divided according to ownership, i.e., property in the husband's name will go to the husband's siblings and property in the wife's name will go to the wife's siblings?
1 Answer from Attorneys
Re: Distribution of the estate of a married couple
Not enough information to answer the question. However, (assuming that this is what you were asking) when the wife dies 100% of her estate to her brothers and sisters and none to her husband's brothers and sisters. Legacies such as you have described follow blood not marriage. However, a spouse has a right to claim a Year's Support in Georgia no matter what the will says. Thus, a spouse may take a certain percentage by force regardless of whether they are named in the will. Call an attorney in your area and obtain a answer to your satisfaction.
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