Georgia is one of few states where you can disinherit a spouse. Unlike many other states, there are not laws directing that a certain percentage of your estate must pass to a spouse and Georgia does not consider property acquired during marriage to be owned 50/50. Georgia does, however, allow a spouse to file a petition for a Year’s Support and does provide for a spouse if you die without a Will.
Year’s Support
In Georgia, a surviving spouse can file a petition asking the court to grant them enough funds to provide for them for one year. The spouse requests a certain amount, up to all, of the estate in the petition. The probate judge then determines if that amount is backed by evidence that the spouse needs that amount for their standard of living. If no one contests the petition (no creditor or other beneficiary), the surviving spouse may receive everything they ask for. If the judge grants the petition, that amount is deducted from your estate before it pays creditors and other beneficiaries.
Intestate (No Will)
If you die without a will, you can’t disinherit your spouse. He or she will automatically get at least one-third of your estate, if there are children or your entire estate if there are no children.
Divorce and Beneficiary Designations
If you divorce your spouse before you die, the law treats your spouse as if he or she died prior to you, thereby disinheriting them, even if they are named in your Will. Any assets that name a beneficiary will go to the person named.
Contact a Georgia Estates Attorney
Disinheriting a spouse or family member, or creating estate plan that will fit your needs requires careful wording. At Grissom Law, we work with our clients to create tailor made estate plans to achieve your goals.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney client relationship between you and Grissom Law, LLC.