Legal Question in Wills and Trusts in Georgia

if my grandfather has passed away and in his will he left a certain portion of his estate to his grandchildren , is it possible legally for his wife to NOT honor his wishes in his will?


Asked on 11/24/13, 9:19 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

In Georgia, yes. In Georgia a widow or widower can claim what is known as Years Support from the estate before the will is distributed. Additionally, jointly titled assets are not part of the will. Since you chose not to give needed details there is no way to telol you how this applies in this case, and only someone who has read the will AND the years support petition can give a specific answer. Since the time frames to object are very short, you should meet with a lawyer Monday.

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Answered on 11/24/13, 9:50 am

Attorney Ashman is correct in that any attorney needs to see the will that your grandfather wrote as well as the deeds to any real property that your grandfather owned prior to his death to see how it was titled.

A spouse can claim a year's support but no attorney has seen the will or knows if any other provisions in the will provided an alternative to the wife for her years' support. However, nobody knows where the estate for your grandfather is pending. Is it GA? Or elsewhere? Many states have, in addition to the yearly support, a right to claim an elective share of the estate if the will does not make adequate provision for the spouse. So an attorney also needs to know if GA or some other's state's law will apply. There are also things which can affect the right of a spouse to inherit - your post suggests that the grandfather's wife was not the grandmother. If that is the case and the grandfather remarried, did he have a prenuptial agreement? If so, did the wife waive any right to inherit from your grandfather's estate.

You also do not indicate if the will has been probated and who the will names as executor. I suggest that the grandchildren who will benefit under the will get together and consult with a local probate attorney who practices in the county/state where the estate for the grandfather is or will be pending. You will have to pay the attorney to review the will and any deeds for the real estate owned by your grandfather. You will also have to present any pre-nuptial agreements with your grandfather.

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Answered on 11/24/13, 9:53 pm


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