Legal Question in Wills and Trusts in Georgia

He can name anyone he wants on the insurance, and you cannot seek that money when he dies.

As for no will, you need to consider iof you want stay married to a person who is mistreating you financially.

If he dies without a will, you and and his children would split his estate, although you may have additional claims under Georgia's years support law.

Insurance is a common example of something that passes outside of the probate process. It is viewed as a contract between an individual and their insurance company. The other spouse has no say in who would get a payout.

With the will, a spouse is under no obligation to disclose the contents of a will. If a spouse has a will it can be fashioned in any way the person sees fit. However, if a will exists and a surviving spouse has been left out, that spouse can make a claim for a years support.

If there is no will Georgia requires that the estate be split among the children and the spouse equally. It is a common misconception that the surviving spouse would get the entire estate.

This is general legal information, not specific legal advice. You should always contact an attorney directly if you need specific legal advice.

Regarding insurance, you are speaking of the rule applying to 401(k)/pensions. While the spouse has to be informed about that, you do not get the same rights with regard to life insurance. So if he named his son, there is not much that you can do about it.

Your husband should make a will if he wants to leave property other than the intestacy law directs. If the will does not make adequate provision for you, then you can file for what is called an elective share of your husband's estate. If your husband passes and there is no will, then you and the children generally split the property, with you getting about a third and the children getting the remainder. However, as noted by the other attorneys, you can claim a spousal allowance. If and when your husband passes, seek out a probate attorney within a month after your husband's death so that your rights will be protected. If you wait, these rights will be lost.

With regard to Attorney Ashman's advice, I would not be so quick to feel hurt. Your husband could have many reasons for doing this and not all of them are necessarily evil. No one likes to think about their own mortality and your husband may just not want to discuss it. Maybe one son will need more financial help and there is already enough for you. Maybe your husband trusts the one son to use the money to pay your husband's and funeral expenses. However, you do not tell us what assets you and your husband already own, how they are titled and their value. Without knowing all the facts, I just cannot judge.

Only you can decide how you feel about your husband's actions. If you decide to get a divorce, then go that route. Regardless of what you decide, you need to make your own will and provide for your own needs. You can choose to leave assets to your own child. You can get your own life insurance policy and make your daughter the beneficiary.