Legal Question in Wills and Trusts in Georgia

How does one marry across state lines? Why is this an issue?

It would be better if you would post relevant details coherently. Since you appear to be the widowed wife or someone acting on her behalf, where did the man live at the time of his death in 2012? The fact that he entered GA for surgery does not mean that he resided in GA or was a GA resident. Wherever the man lived is where an estate needs probated possibly.

Previous wife is entitled to nothing from the man's probate estate. Divorce abrogates any wills mentioning the spouse or any intestate benefits including a spousal share.

With regard to Florida law, you would need to speak to a FL divorce attorney about that, but death of the payor usually terminates alimony unless the separation agreements say otherwise. A Florida attorney would have to review this. Also, the FL divorce was granted in 2008. I have no idea as to what jurisdiction the FL courts would have to enforce their orders or whether any prior agreement was even incorporated and merged into the divorce decree. If it was not then maybe the statute of limitation would have run by now if no action was taken by prior wife to enforce her rights.

As I said, the current wife needs to first start off by seeing a probate attorney who practices in the county/state where the man lived prior to his death. Did the man have a will? If not, his probate assets will pass to his heirs under the intestacy laws of the state where the man lived prior to his death. You mention a biological son. What exactly does this mean (I am not being cute or sarcastic)? When was the child born? During the marriage or before? Since the parties married later, what does the state say about legitimation if the child was born out of wedlock? It matters. GA does not allow a child to inherit from his father if the child was born out of wedlock and was not legitimated. If the child was legitimated or is allowed to inherit then the mother and child would split probate assets equally. Otherwise, current wife and any other children the man had would split. The first wife's children cannot inherit from the man under the intestacy law unless they were formally adopted or unless equitable adoption is recognized and the grounds for that are established.

Wrongful death proceeds may not be probate assets - again, you need to talk to a probate attorney who practices in the state where the man lived at the time of his death in 2012.

You ask if first wife can sue the estate. Yes, the same as anyone could sue the estate for anything. Will first wife recover? I don't know because I have not seen the settlement papers and I am not admitted to practice in FL. So the answer is possibly. Again, has an estate been probated and creditors properly notified and has the first wife filed a claim? If she does not file a claim then she will be precluded from doing so. Most states have cut-offs for claims but they require an estate to be probated and letters issued and notice to any creditors. Also, as I said, state law may provide that the statute of limitations has expired.

Finally, you mention SS benefits. SS has its own rules. The wife meets them or she doesn't. If she doesn't then that is the end of the matter. If there really is a $3 million settlement out there, I don't suppose that the loss of SS benefits will be problematic.

I have assumed this question is posed by current wife. If posed by former wife, she too needs to see a FL attorney, but a divorce attorney regarding enforcement of the marital settlement agreement.