Legal Question in Wills and Trusts in Georgia

Are these wills valid?

My wife and I made separate wills before we were married in Georgia. We each have our children as beneficiaries and keep our finances separate. Are they still valid?


Asked on 10/09/08, 1:58 pm

5 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Are these wills valid?

There is no way to answer you without reading your wills. However, under Georgia law a surviving spouse wil have rights to supercede the will and claim years support, and most out of state wills will cost more to probate in Georgia. Given how inexpensive aa will is, it would be extremely foolish not to see a lawyer and draft new wills, as well as discuss ways to prevent years support from being used to circumvent wills.

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Answered on 10/09/08, 10:01 pm
Harold Holcombe Harold D. Holcombe, P.C.

Re: Are these wills valid?

If they did not contemplate remarriage you need new wills drawn up. Also, someone needs to review the wills to ensure that they meet GA law.

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Answered on 10/10/08, 11:31 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Are these wills valid?

Wills do not become invalid merely as a result of getting married. However, based on the changed circumstances, it is always good to get an update. Is it your intent that neither of you get anything upon the death of the other?

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Answered on 10/09/08, 2:02 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Are these wills valid?

They may well be valid, but it is impossible to tell without reviewing the wills. Consult with a local attorney.

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Answered on 10/09/08, 2:11 pm
Robert Thompson J. Robert Thompson Attorney

Re: Are these wills valid?

No. You both need new wills.

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Answered on 10/09/08, 3:31 pm


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