QUESTION

Is ex wife entitle to will

Asked on Dec 11th, 2021 on Wills and Probate - Georgia
More details to this question:
The person Married in 2010 made will, in 2011 wife wanted name on house..He did not do it, but changed will for her to have 90 percent of everything. She left him soon after that in 2011. Will never changed. He today is in sound and mind and now on hospice. He gave executor the will and said ex wife part null and void because not married. Is that true. The wording is I leave upon my death Ada (My wife). I told them I believe she is entitle to what's on will. This Will was Lawyer made. Also are handwritten will enforceable?
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2 ANSWERS

Wills Attorney serving Alpharetta, GA
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You don't stated whether there was ever a divorce. You also don't state where the deceased person had his principal residence. Both of those things are critical facts.   In general, for people who have their principal residence in Georgia, a legal divorce causes a former spouse to be treated as if she died before the person did under a Will that was executed during the marriage and that does not specifically state that it is intended to remain in effect even after a divorce. But if there was a separation but never a divorce, then the ex-wife is not an ex-wife; she's a current wife, and still has full rights. And other states may have somewhat different results even if a divorce became final.   Whoever is nominated as the Executor of the Will needs to hire an experienced probate attorney to help with this situation. That's the best way for that person to figure out who has what rights.  
Answered on Dec 13th, 2021 at 8:56 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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Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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Without reading the entire will, it is close to impossible to answer your question. You should pay an estate planning or probate lawyer for an hour of his (her) time to review the Will.  As it is not your will, you should have the husband contact the lawyer for advice.
Answered on Dec 13th, 2021 at 4:58 AM

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