Legal Question in Wills and Trusts in Georgia
My mother dies and my dad remarried. My Dad made a will leaving his property to his children. If he is still married at his death, is th will binding?
2 Answers from Attorneys
Since no one here has read the will to know if it was properly done, and you also did not indicate if it was done before or after the marriage, there is no way to answer you. Additionally, in Georgia, a wife can take all or some of the estate via year's support even if there is a will. This is a question that requires a visit to a lawyer's office with will in hand.
Assuming that the will is valid and was properly executed, of course the will is valid and binding. However, the only person who cannot be totally disinherited is a spouse unless your father entered into a pre-or post-marital agreement whereby your father and his new wife agreed to forfeit any rights to support, inheritance or administration of each other's estates. The amount that the new wife will get can vary depending on the state where your father resides.
I recommend that your father, if he has not done so already, should take his will to an estate planning attorney and ensure that it comports with his wishes. If it truly is your father's intent to disinherit his wife, he needs to find out what she will be entitled to and see if this can be done. Your father does need to mention that he has a current wife in his will even if it is his intent to disinherit her.