Legal Question in Wills and Trusts in Georgia

I think you already know that your husband is behaving foolish and dangerously.

Unless the accounts are very small, you will have NO access to his accounts. His accounts and realty will all have to go through an intestate probate, and possibly that plus a year's support proceeding. You will not even be able to collect rents or anything else without a court order.

Show your husband this post. Out of trying to save just a few hundred dollars he is creasting an expensive mess that will eat into his estate to clean up. This hurts both you and any children he has. (Let me stress that you also need a will).

I would second Attorney Ashman's advice. Unfortunately, everyone has a constitutional right to be stupid and if your husband wants his legacy to be an expensive lawsuit, then so be it.

However, I would encourage him, especially if he has business interests (multiple rentals) then he needs to have a revocable living trust. Trusts are more expensive initiallly but they can minimize the need for probate. All the property would have to be deeded into the trust and so would the bank accounts. However, spending the time and money now would be worth it. If the trust is properly set up and funded, then the successor trustee simply steps in and can access the bank accounts and manage the rental properties. However, nothing changes while your husband is alive - he manages them just like he has done. The only difference is that these would be in the name of the trust. The trust can even provide for an income for you until you die if you pass after your husband.

I would encourage both of you, or certainly your husband, to go see an experienced estate planning lawyer in his area and look into getting a revocable living trust.