QUESTION
help me understand please, it is my belief that my Executor hereunder will in there sole discrection provide my wifes care and welfare
Asked on Sep 19th, 2021 on Wills and Probate - Georgia
More details to this question:
previous question falls ahead of this statment in my husbands will. which says he elects to forgo hany direct transfer of his property to wife in an effect to protect his assects following wifes passing. it is my belief my executor hereunder will in there sole discretion provide care and welfare for my wife. Please help me understand. its not written in will but daughter says i get car and $5,000 ???????????????? Really is that the way it works ??
2 ANSWERS
4 Awards
Please accept my condolences on the loss of your husband.
As for your posts, in Georgia a married person is free to leave assets to whomever he wishes, for the most part. As a surviving spouse, you have the right to make a claim for a "year's support" from your husband's probate estate, but otherwise if he left a valid Will, then the Will will control. It sounds as if his intent was to leave property to a trust for your benefit, rather than leaving it to you outright. That kind of planning is often done in order to allow a spouse to benefit from property but to also ensure that any remaining property at the spouse's later death will go to the deceased person's other intended beneficiaries, such as a child from a prior marriage. So, it's entirely possible that your husband did not intend to leave you property outright.
Unfortunately, without actually seeing your husband's Will, no one will be able to tell you exactly what it says or how it is intended to operate. You need to contact an attorney and have them review the Will. You may be able to challenge it, if you think it is not valid or not validly execute it. You may also be able to make a claim for a year's support and get access to assets that way. However, you should not delay- you only have a fairly short period of time to act if you want to make a year's support claim or try to challenge the Will.
Best wishes to you.
Answered on Sep 21st, 2021 at 5:53 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.
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A lawyer will need to review the entire will before giving you any advice. There are certainly wills written where the spouse gets nothing outright, but instead the deceased person’s property goes into a trust or a life estate for the spouse’s benefit.
Answered on Sep 20th, 2021 at 7:11 AM