Legal Question in Wills and Trusts in Georgia
Understanding a Will
I need help understanding this will it reads:
In the making of this will I have not forgotten my wife (so in so), but have provided monies, property and insurance for her intreast passing outside of this my will. I understand the monies and insurance. I'm not understanding the property part. This wife lives in Georgia and the laws are different than other states. Does she get all property (land) or does she only get her half of what her name is on? Tenancy in common or Tenancy by the Entirety or Joint Tennants with suviorship?
1 Answer from Attorneys
Re: Understanding a Will
Most likely, the language was "form" language and was not necessarily intended to reference certain or distinct assets. Generally speaking, however, the surviving spouse will be entitled to "years' support" under Georgia law, in addition to assets held jointly with right of survivorship. Of course, this language certainly does not reduce or diminish any pre-existing tenant-in-common interests she may own. Georgia does not recognize tenancies by the entirety. She will also be entitled to any assets passing to her by right of contract and/or beneficiary designation (i.e., insurance, 401(k), IRA, etc.).
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