Legal Question in Wills and Trusts in Georgia

Me ex husband just passed. Had will from time of our marriage that left all to me and specifically nothing to his son due to an estrangement between them. Had carried this will through several moves, had it in front space of file cabinet and told several of his siblings to be sure to follow his will. this was the only will he had. He was living on land we previously owned and paid for together and I gave him free and clear in the divorce. I have been told the will is not valid because of the divorce and he did not reaffirm it. All is going to the son. Should I just let all this go or should I pursue this? Would I even have a chance of getting anywhere. The will is from GA. The land is in Indiana where he passed.

Asked on 9/28/10, 1:57 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You'd need to ask an Indiana lawyer but in many states a divorce revokes a will.

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Answered on 10/03/10, 2:13 pm
Phillip M. Cook Cook Legal Services, LLC

You should speak with a Georgia AND Indiana probate (wills, trusts, estates) lawyer about the specifics of your case and your chances of success.

I cannot speak to Indiana law, b/c I am not an attorney there. In Georgia, � 53-4-49 of the Official Code of Georgia states as follows:

"All provisions of a will made prior to a testator's final divorce or the annulment of the testator's marriage in which no provision is made in contemplation of such event shall take effect as if the former spouse had predeceased the testator."

What this means in Georgia is that unless the will specifically said something to the effect of "hey, I know my ex-wife and I are divorced, but I still want to leave her my stuff", the law acts as if you died before your husband so that you cannot recover from him upon his death. Put another way, in Georgia, divorce does not make the ENTIRE will invalid, only the provisions dealing with former spouses.

Best of luck.******The above is for informational purposes and does not create an attorney-client privilege.*******

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Answered on 10/03/10, 2:27 pm

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