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?
3 Answers from Attorneys
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.
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.
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
www.macgregorlyon.com
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