Legal Question in Wills and Trusts in Georgia

Re: Will voided if remarried

What a mess. Assuming those facts and no others -- the will appears to be void. The children and new wife's share would be divided according to OCGA 53-2-1(b)

(b) When a decedent died without a will, the following rules shall

determine such decedent's heirs:

(1) Upon the death of an individual who is survived by a spouse

but not by any child or other descendant, the spouse is the sole

heir. If the decedent is also survived by any child or other

descendant, the spouse shall share equally with the children, with

the descendants of any deceased child taking that child's share,

per stirpes; provided, however, that the spouse's portion shall

not be less than a one-third share;

(2) If the decedent is not survived by a spouse, the heirs shall

be those relatives, as provided in this Code section, who are in

the nearest degree to the decedent in which there is any survivor;

(3) Children of the decedent are in the first degree, and those

who survive the decedent shall share the estate equally, with the

descendants of any deceased child taking, per stirpes, the share

that child would have taken if in life;

Good Luck. You all probably need a lawyer.

Re: Will voided if remarried

The prenup. may be your saving grace if it was drafted correctly and under the proper circumstances.