Legal Question in Wills and Trusts in Georgia

marriages effect on will

Does my mother-in-law's recent marriage supercede the will she previously wrote? My husband is concerned that her new spouse and his children will receive the same after her death even if her will specifies that her belongings go only to her two children. Do things like her house, car, etc become 1/2 his due to the marriage?


Asked on 9/29/04, 7:30 pm

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: marriages effect on will

In Georgia a spouse can claim year's support even if disinherited from a will. Your mother in law needs to sit down with an attorney immediately.

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Answered on 9/29/04, 8:05 pm
Lynwood Jordan Lynwwod Jordan, Attorney at Law

Re: marriages effect on will

The answer depends upon the language of her will. In most cases, a marriage revokes the will. An attorney could answer you question after seeing the will. It is quite likely that it is revoked.

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Answered on 9/29/04, 9:09 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: marriages effect on will

The effect of the marriage on the will depends upon the language of the will, but there is a good possibility that the will would be revoked because it doesn't address the new spouse, which all wills normally would. Your mother-in-law needs to have a new will drafted immediately.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 9/30/04, 2:26 pm


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