Legal Question in Wills and Trusts in Georgia
My father had a will made in 1999 when my mother was dying. Everything went to me and my children. I also have medical power of attorney. Now since that time he remarried. He is now dying of cancer & has never made a new will. Does my will still hold and my medical power of attorney or when he got remarried does the will void??
2 Answers from Attorneys
What do you mean by "my will?" What does your will have to do with your father, his will, his property, and his final wishes?
First of all it is NOT your will. You have no right to anything from him. He can disinherit you.
The marriage probably voided his will. "A will is revoked as a matter of law by the subsequent marriage of the testator, by the birth of a child to the testator, including a posthumous child born within 10 months of the testator�s death, or the adoption of a child by the testator subsequent to the making of a will in which no provision is made in contemplation of such event. OCGA 53-4-48." Thus, his estate would pass under the Georgia laws of intestate succession unless he excuted a new will.
That would mean either (a) his wife would be able to claim the whole estate as year's support, or (b) she would inherit a large part of the estate, depending on the number of children, under intestate succession.
Either way, your children get zero.
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