Legal Question in Wills and Trusts in Georgia

A will does not eliminate all rights of a spouse in Georgia but certainly could have an impact as to what he might receive via years support or probate. She should see a lawyer immediately to discuss this issue as it is not a do-it-yourself project.

In Georgia, if she cannot get her spouse to sign the papers, she can file a contested divorce based on abandonment or irreconcilable difference. If she doesn't want to bring an action against Merck, the thing to do is to retain an attorney to sign an settlement agreement for $0 or little money or file the case and dismiss it with prejudice. This will prevent him from filing a claim should she die.

However, if she wants to sue Merck for her children, but exclude him, she will not be able to do that unless the divorce is final. Once the divorce is final, she can assign her claims to her beneficiaries. If her children are minors, she may want to designate an executor or set up a trust so her ex cannot get his hands on the money. The executor or trustee will determine how much the children get for living expenses. Should the father have custody of them, the executor can pay for their living expenses directly, thereby bypassing the father. She needs to consult with an attorney to set up the trust or will.

ATLANTA OFFICE

10 Glenlake Parkway

Suite 130

Atlanta, GA 30328