Full question:
If I'm still married but separated and my spouse left me out of his will. Will i get anything if i go to court
- Category: Wills and Estates
- Date:
- State: Georgia
Answer:
Are you saying he is decased and asking if you can still claim spousal rights?If a divorce has been filed see this section.
53-4-49. Effect of testator's divorce, annulment, or remarriage to former spouse
All provisions of a will made prior to a testator's final divorce or the annulment of the testator's marriage in which no provision is made in contemplation of such event shall take effect as if the former spouse had predeceased the testator, and the provisions of Code Section 53-4-64 shall not apply with respect to the descendants of the former spouse who are not also descendants of the testator. If the testator remarries the former spouse and the testator has not revoked or amended the will that was made prior to the divorce or annulment, the remarriage shall not result in the revocation of the will and the provisions of the will that were revoked solely due to the application of this Code section shall be revived. HISTORY: Code 1981, ง 53-4-49, enacted by Ga. L. 1996, p. 504, ง 10.
Georgia allows for one year support to a surviving spouse.
Under Georgia Law a Spouse and Minor Children are entitled to one year support. If there is a provision in the Will for the wife, the wife can elect which she wants to be effective.
A surviving spouse's right to year's support shall be barred by the marriage or death of the spouse prior to the filing of the petition for year's support. A minor child's right to year's support shall be barred by the marriage or death of the minor or by the minor's attaining the age of 18 years prior to the filing of the petition for year's support.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
