Legal Question in Wills and Trusts in Georgia
Can you leave someone out of a will?
Can you leave a person, who would normally have a legal right to all or a portion of property upon death, out of a will? Can you exclude this person by so stating that in the will. Can you leave a person out of a will simply by not mentioning their name in the will?
1 Answer from Attorneys
Re: Can you leave someone out of a will?
Simply speaking, you could leave an heir or someone else like a child or spouse out of a will. But you can not cut off thier right to Year's Support or other legal remedies they may have. Disinheriting someone is tricky business and must be done carefully. Leaving a name out of a will is not effective and may actually include them in the will by doing so. You may want to consider using a revocable living trust to disinherit an heir, but if you use a will get some legal help to insure you do your will the proper way.