Can I Delay the Distribution of Assets to Another in My Will?

Full question:

does a codicil give or can set a time after my death that my husband would settle and give to my sons my share of the estate...i want that to be within 3 months, is that possible? Before he could chanel funds as he is not their father and I do assume that would be the case from back history of his behavior? When it comes to money I ccould not count on a fair case. please advise..perfer call then as to verbage by e-mail at... stephens.charlotte@yahoo.com

• Category: Wills and Estates
• Date: 04/07/2025
• State: Georgia

Answer:

To change a will, a person can prepare and properly execute an entirely new will that revokes the previous will or prepare and properly execute a codicil to the will. A codicil is a separate document that adds to and/or replaces one or more provisions in an existing will. A new will is typically recommended over a codicil to minimize the possibility of a later dispute.

An executor is responsible for handling the affairs of the deceased and is appointed in a will. The executor is responsible for distributing the assets of the deceased according to the timeline of the probate process. Many of the will forms offered by USLegal contain a provision for appointment of a trustee so that assets may be designated to be released to children by a trustee.

Please see the following GA statute:

53-5-5. (Revised Probate Code of 1998) A person having possession of a
will shall file it with reasonable....

A person having possession of a will shall file it with reasonable
promptness with the probate court of the county having jurisdiction.
The probate court may attach for contempt and may fine and imprison a
person withholding a will until the will is delivered.

For further discussion, please see:

http://www.traceyabloodsaw.com/blog/2007/revised-will-vs-codicils/