Legal Question in Wills and Trusts in Georgia

Re: no will

If he dies without a will, he has set up a court battle between you and his children. Assuming his debts can be paid without selling the home, you and his children would each own 1/3 of the home, but you also could seek the home or a greater part as years support, setting up a possible courtroom confrontation that could easily be avoided with a will.

Why he would do that to his children and you is beyond me, but some people don't realize what a disaster they are creating. Show him this post and then have him call us about a will or deed. It will be very inexpensive.

Re: no will

In Georgia, if your husband dies without a will, you would still be entitled to some of his estate. However, you will probabaly have to share it with his children.

It would be best if he executed a will leaving everything to you, since his children are presumably not dependent on him. However, you cannot force him to do this. The only thing you can do is execute your own will. Even if you have few assets presently, you should have a will.