QUESTION

Would a will be valid if you were married for 8 years and not left anything in the will?Everything left to a son from a previous marriage of a deceas

Asked on Apr 19th, 2014 on Wills and Probate - Georgia
More details to this question:
I met my husband in May 2002 after his wife had passed. He carried me to met his kids around July 2002, They let me know that they didn't like him seeing me so soon after their mother had passed, they said that he was still in mourning and he said that he wasn't. I was having a house build and in September 2002 I moved in my new home.He moved in with me around November or December. We lived with each other for 3 years and got married in 2005, March 17 his birthday.We were married for 8 years and would have been 9 last month if he had lived. In 2007, he got lung cancer and went treatment, chemo and radiation was very hard for him it got in remission for a time but it came back in another spot on his lung and the doctor said it was worst than the first and it spread quicker than the first He couldn't get radiation because of the scar tissue left from the first time In May 2009, they said he wrote a will, I'm not sure he did. He passed Dec 20 last year 2013. Is it valid to leave me nothin
Report Abuse

1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
My condolences on your loss. If your husband's principal residence was in Georgia at the time of his death, then yes, it would be perfectly permissible and valid for him to make a Will which left you nothing. Whether his actual Will is valid is a different question. If you have any question as to whether it is really his Will, whether he was mentally competent to make the Will at the time the purported Will was made, whether someone was exercising undue influence over him, or otherwise, then you should consult an experienced estate attorney as soon as possible. You should also look into the possibility of making a claim for year's support. In Georgia, a surviving spouse is entitled to seek an award of "year's support" from the probate estate of a deceased spouse. There is not a set share or amount to which you would be entitled, and your stepchildren would be able to challenge your request. But, this may be the only way for you to receive assets other than any which may have come to you under a beneficiary designation or right of survivorship. You should not wait any longer to pursue your rights, however. If your husband died in December 2013, the clock is ticking, and delay may either effectively or legal cost you any rights you do have. When looking for an attorney, you should try to consult one with dispute resolution or litigation in the estate and trust arena as significant practice areas. And be warned: if the stepchildren want to challenge, it can become very expensive very quickly. But you do have some rights, even if the Will does turn out to be valid. Best wishes to you.
Answered on Apr 21st, 2014 at 10:10 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters