Legal Question in Wills and Trusts in Georgia

Yes, see an estate planning lawyer to discuss the options and get a will (and other estate planning documents you need). Estate planning should be done with your spouse, but that requires agreement on these things.

I agree with Attorney Riddle. You need to see an estate planning attorney. You need to be very specific about how you go about leaving the home to your children and making other provision for your wife (she can claim a spousal allowance). However, before you do this, have you talked to your children? Do they want to be saddled with land? They probably have their own homes. And leaving a home to several children is a recipe for future disaster.

Its great that you are thinking of estate planning. I think you should use the upcoming Thanksgiving holiday to have a very open and frank discussion between yourself, your spouse and children about your estate planning goals. While people like to benefit the children, that is not always the best solution. Have you thought about your own needs? What if you have to go into a nursing home? Do you have long term care insurance in place? Have you engaged in Medicaid planning? Maybe it would make sense to deed the home to the children and reserve a life estate in the home for you and your wife? However, there are tax consequences to that.

So once you hash things out with the family, then you and your wife need to see an experienced estate planning attorney and talk things over with him/her to see how best to effectuate your desires. If family discussion does not go well (and there is a chance it may not), then you need to see an estate planning attorney on your own and have a will or trust drawn up to ensure that your assets pass to your children and that your spouse is adequately otherwise provided for. There is no provision in Georgia whcih precludes you from disinheriting a spouse but your spouse can claim a spousal allowance equal to one year of support so you will have to make sure that there is enough in your estate to cover that if you want your house to go to your children.