Legal Question in Wills and Trusts in Georgia

trust/will good idea if filing for divorce

I have been married for 5 years & am seriously thinking about filing for divorce. I am 54. My first husband of 20 years husband died leaving me with a lot of assets. I have 2 children; current husband # 2 has none. Would it benefit me in any way to have an updated will or trust? Would it protect anything? We have a current will in which I left him 1/3 of everthing. Is it necessary to get a new will before I file for divorce, or is the current will just expunged due to divorce? Should I get a trust if I am going to divorce him? I want to protect my assets as much as possible.


Asked on 1/08/04, 8:34 am

1 Answer from Attorneys
Lynwood Jordan Lynwwod Jordan, Attorney at Law

Re: trust/will good idea if filing for divorce

It is always a good idea to revise your will prior to filing for divorce - in the event you should die while the divorce is pending - which has happened. Some recent changes in the law help the situation, but it is best to be absolutely safe. Your attorney will probably suggest that you do a will specifically stating that it is in contemplation of a divorce. Assets acquired prior to your marriage are not marital assets subject to equitable division in the divorce. You should go over all of this with your attorney who can give you specific legal advice.

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Answered on 1/08/04, 8:47 am


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