Legal Question in Wills and Trusts in Georgia

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The will may have been revoked by the marriage.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

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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.


Asked on 4/03/11, 7:10 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

� 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.

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Answered on 4/03/11, 7:18 pm


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