Legal Question in Wills and Trusts in Georgia
Okay. Glen, you stated the widower was woefully negligent in his affairs; what did you mean by that? And, yes the will provided a year's support. After the man dies, and before the wife dies, she makes a bill of sale to her children for all of her furniture, appliances, lawnmower, and an aluminum carport. She died in 2010. Now, the husband's son claims those items belong to him because his father left him the house and contents, even though all contents were removed and replaced with my mother's when they married. Is the bill of sale valid, or does he have a claim to those items? Also, I thought according to Georgia law, a will is automatically revoked when you marry, and you must make a new will; is this not so? Thanks.
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� 53-4-48 affects the validity of a will in such situations. The actual answer also may be affected by the wording of the will as wills made in contemplation of marriage are treated differently than other wills. In other words a lawyer needs to read the actual will to determine the answer in this case.
Depending also on various details which would require far more information than your post, the wife may also be able to claim years support from the estate (which comes ahead of the will and even creditors) and possibly get a greater interest in the home than the will states. The wording of the will, and other financial information also could affect this aspect.
In this type situation, every affected party (the wife and the children) need to separately obtain their own lawyers.
Glen Ashman
Ashman Law Office
2791 Main Street EAST POINT
Atlanta, GA 30344
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Thank you, Glen. I understand the wife's property was her own and was allowed to do with it as she saw fit, even sell it if she so desired before her death. Now that she's deceased, who gets the house owned prior to the marriage? The widower bequeathed it to his son. Does the son now get the house, or was the will in fact enulled by the marriage? Thanks.
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Sadly the widower was woefully negligent in his affairs.
The will may have been revoked by the marriage. But regardless, a will cannot give what a p0erson no longeer has. So what he doesn't have he can't give.
And no, you don't get the wife's stuff. It is of course her separate property. (Georgia does NOT have community property).
Bear in mind the wife also may get the whole house as year's support, which comes ahead of the will, if that applies here.
Glen Ashman
Ashman Law Office
2791 Main Street EAST POINT
Atlanta, GA 30344
4/03/11, 8:36 pmAnswer (2 of 2)
The will is altered by the fact that the man married and by the fact that he disposed of assets. Since the will made no provision for the new wife, she would have certain elective rights, but as she is dead, they are waived if she did not exercise them.
Was the man's estate ever probated? It should have been done when he died. The wife would have gotten whatever she was entitled to receive under the elective share statutes. When the wife died, the wife's separate property would also pass as per her will or via intestacy to her children - there is no community property.
The question I have is whose name is on the deed to the residence? If the man put the wife's name on it with right of survivorship, then the house passed to the wife and it would be distributed in the same manner as her personal property. If the house was solely in the man's name, then the house would pass to his adult child.
Rachel Hunter
Hunter Law Office
1251 N.W. Maynard Road, PMB 332
Cary, NC 27513
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A will is written in Georgia by a widower with an adult child, and bequeaths his home and contents to that adult child, and includes a provision for his future wife which allows her to reside in the home after his death until she dies or no longer resides in the house, at which time the house and contents would go to his adult child. The Widower then marries a woman with money, possessions, and two adult children. The house is emptied of ALL contents, and the new wife's possessions are moved in. There are no prenups by either party. The widower never changes or ammends his will after they marry. Then, the widower dies. His widow dies five years later. There is no money remaining; only the house and contents. Does the will still apply as written, or did their combined property and possessions become joint property when they married in 2004, and therefore has to be sold and divided between their combined three adult children? Thanks.
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