Legal Question in Wills and Trusts in Georgia

Is it legally possible to will my property, 403 and life insurance to my chidren and not my new husband?


Asked on 7/16/10, 1:16 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Probably, but you will need far more than just a will to accomplish it, and need a lawyer to plan things properly. It will be simpler if you saw a lawyer and did a proper prenuptial before marrying it will be easier.

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Answered on 7/16/10, 5:05 pm

The problem is that the only person who cannot be disinherited is your spouse. Therefore, in order to do what you propose, you would have to first make a properly drafted pre or post nuptial agreement (I don't know if you had one draw up before you were married; if not, then you can draft a post-nuptial agreement) and then make a will.

If you don't have a marital agreement, you could add a provision indicating that your spouse is disinherited to the extent allowed by law. That way, your spouse is limited to whatever will comprise his elective share, which we will not know until your death. Things like the 403(b) are beneficiary designated assets and pass outside of your will to the person designated. Your spouse may have to sign something if the 403(b) will pass to anyone other than your spouse.

As far as your house and land, that will pass in accordance with how it is titled. If it is owned jointly with your husband with a right of survivorship, then the house automatically passes to him and the will would not override that.

You need to see a family lawyer for the post-nuptial agreement if you do not already have one. After that, you will need to see an attorney specializing in wills, estates and trusts. The attorney can more specifically reivew your assets and advise you as to how best to accomplish your goals.

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Answered on 7/16/10, 10:06 pm


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