Legal Question in Wills and Trusts in Georgia

I don't know what you mean.

Your husband can make a will but concerns the disposition of your client's probate property after your husband dies. Any probate would have no affect on any property that is no-probate where you are the joint account holder (like a bank account), joint owner with right of survivorship (for real property) or a named beneficiary (like on an IRA/401(k) or pension).

If your husband is still alive, he can of course appoint anyone he chooses to be an agent under a financial power of attorney to manage his financial affairs. Perhaps he has good reason for naming his son, or perhaps not. However, the power of attorney would only extend to things owned solely by your husband or in property in which has an interest. Your share of course would still belong to you and the agent under a power of attorney would have to work jointly with you.

You indicate that the property belongs to you and your husband but you do not indicate how it is titled. Things like a car has a certificate of title and land has a deed. So while you may have a marital interest in these things if they were acquired during the marriage, they are not yours unless you are on the deed or title.

So, if you are, then your husband can only appoint someone to manage his share, not yours. If these things are titled or deeded solely in your husband's name, then the son can control the entire property.

It sounds like you and your husband have more significant issues. Obviously, you and your husband have not had a discussion about joint property and ownership and estate planning and he has gone off and done something without your knowledge. Perhaps then you need to see a marriage counselor or a divorce lawyer if these differences cannot be reconciled. Or you may need to see your own estate planning lawyer to look over what your husband has done and to take appropriate steps to ensure that anything owned by you solely or in which you have an interest is not misappropriated by the son.