The Question: What are surviving spouse rights in Georgia? How much does the surviving spouse inherit, and what is passed along to other beneficiaries? Who gets priority?
Why You’re Asking the Question: Unfortunately, inheritance is rarely a straightforward process, even with married couples who have clear wills. Understanding the rights of a surviving spouse in Georgia can help you prevent a difficult situation—the loss of a loved one—become even more distressing due to disputes and litigation over their estates. This knowledge can also help you recognize when the legacy of your departed loved one is being unfairly handled.
The Short Answer: In Georgia, the executor of the will must follow all of the provisions on how to distribute inheritance. However, some assets that can pass outside of the estate : joint bank accounts, jointly-owned property, life insurance policies, and so on. If the surviving spouse is the designated beneficiary of these accounts, these assets will pass to them by law, , even if the will provides otherwise.
Definition: A surviving spouse is a person who was still legally married to the deceased person at the time they died.
If the Late Spouse Left a Will
In many cases, a decedent’s last will and testament will define the assets that pass to the surviving spouse. Sounds simple enough, right?
However, it is common for married couples to share assets, such as bank accounts and real estate or to designate that certain assets will pass to their spouse automatically when they die..
Here are the assets that typically pass outside of an estate as a matter of law:
- Joint Accounts: Joint accounts, Payable on Death (POD) accounts, and Transfer on Death (TOD) accounts will be transferred to the surviving spouse if they are the designated beneficiary.
- State Laws: In community property states, the surviving spouse may be entitled to half the assets in an account. [Georgia is not a community property state.]
- Life Insurance: The surviving spouse and any other designated beneficiaries will receive the full payout from the life insurance policy. Life insurance is not subject to probate so long as there’s a designated beneficiary.
- 401K Accounts: Unless the surviving spouse has waived their rights, Federal law provides that the surviving spouse is automatically the beneficiary of these accounts.
If the late husband / wife received sound legal guidance when creating the will, their will should not conflict with the beneficiary designations of these assets. .
Related Blog: The Difference Between Revocable and Irrevocable Trusts
Rights of a Surviving Spouse Under Georgia Probate Law
If the late spouse did not leave a last will and testament, their estate will be considered “intestate.”
Intestate laws vary by state.
In Georgia, if the married couple did not have children, then the surviving spouse will usually receive the inheritance. If there are children, then the inheritance will be divided among the children and spouse. The surviving spouse will receive at least ⅓ of the inheritance, while the children will split the remaining ⅔.
Regardless of whether a deceased spouse leaves a will and whether that will provides for distributions to a surviving spouse, in Georgia, every surviving spouse is entitled to apply for “Year’s Support.”
Under Georgia’s Year’s Support law, a decedent’s minor children and surviving spouse (if they relied on the deceased spouse for part or all of their financial support) is entitled to receive enough assets from their spouse’s estate to provide for that same support for one year. This is true even if the spouse was disinherited in the will. The amount required for Year’s Support varies from case to case is may depend on the surviving spouse’s expenses and income from other sources.
Related Blog: How To Be Appointed Administrator of Your Loved One’s Estate
Disputes Over Surviving Spouse Rights
In our experience, disputes that involve surviving spouse rights in Georgia are often caused by the following scenarios:
- The spouse was disinherited from the will; sometimes, there are accusations that this was caused by undue influence.
- Spouses from a previous marriage argue that they’re entitled to inheritance.
- The deceased’s children assert that the surviving spouse unduly influenced the decedent to disinherit the children.
Related Blogs: What Happens to Unsigned Wills in Georgia?
How To Handle Will Disputes in Georgia
If you feel that your rights as a surviving spouse are not being honored or that a surviving (or previous) spouse is claiming inheritance they’re not duly owed, then litigation might be the best way to protect the legacy of your family member who has passed away.
Naturally, this can be an emotionally charged and difficult process, which is why it’s important to choose a fiduciary firm that approaches these cases with great care and compassion.
Reach out to Gaslowitz Frankel if you’re dealing with a will dispute in Georgia. Apart from our outstanding track record, what sets our team apart is that we recognize that your case is only a symptom of the difficult time that you and your family are going through; we strive to not only win your case but help you and your entire family heal.
Send us a message today and let us know what you’re going through.
