Legal Question in Family Law in Georgia

My spouse and I have a will drawn up by an attorney's office and notarized by his staff. It specifies that all I possess goes to my spouse upon my death. When my spouse dies my adult children get all he possesses. I'm a bit concerned that if my spouse remarries, his spouse would receive upon his death all he possesses as it states in the law as community property. How can I ensure MY children get their part as the house belongs to me and most everything I've saved or earned during my 37 year employment?

Asked on 9/05/13, 1:06 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Go back to the lawyer to review your documents and update them as necessary.

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Answered on 9/05/13, 1:08 pm

Glen Ashman Ashman Law Office

Go to a lawyer and totally change your will. While Georgia does not have community property, we do have other spousal rights.

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Answered on 9/05/13, 1:12 pm
Tahira Piraino Tahira P. Piraino

The only way to ensure your children get part of your estate is to put them in your Will. Otherwise, if you predecease your spouse, he can remarry. His spouse would then have a legal right to his estate. If you are concerned about this, you need to speak to an attorney to change your will.

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Answered on 9/06/13, 8:12 am

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