SuzukiSavage.com - Can I write my wife out of my will?

Gyrobob

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Can I write my wife out of my will?
08/26/11 at 12:40:40

Can a husband or wife stipulate in his/her will the surviving spouse gets none of the estate?

We have a few investments, a paid-for home, and stuff (vehicles, furniture, etc.)

We live in Georgia.

One of us thinks the surviving spouse can NOT be written out of the will; the survivor gets ALL of the estate.

The other one thinks the opposite; either person can set up their will so the survivor gets little or nothing.

Which is true? (or are there some other possible outcomes?)

I realize this post will generate a some opinions, some sarcasm, and some funny remarks. I accept that. Along with the "entertaining" commentary, I'm hoping some of you might have some knowledge in this area and can provide some useful info.

Thanks large.

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Jerry Eichenberger

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Re: Can I write my wife out of my will?
Reply #1 - 08/26/11 at 13:03:27

Gyro -

The laws of each state are somewhat different. I'm an Ohio lawyer, not adnmitted to practice in GA.

You need to get the advice of a competent Georgia lawyer, not a bunch of motorcycle enthusiasts, unless they are also competent GA lawyers.

In Ohio, a surviving spouse can "elect to take against the will", which means that he/she gets the same proportion of the deceased spouse's estate as if the deceased had no will.

Spouses only get it all if there are no children - if there are children (called "issue" in legalese), the spouse shares the estate with those issue.

But all of this varies with the laws of each state - go see a lawyer if this question is genuine.

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Jerry Eichenberger
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babyhog Serious Thumper Offline Find a Cure for Breast Cancer! NOW!! Posts: 3802 WV Gender:	Re: Can I write my wife out of my will? Reply #2 - 08/26/11 at 13:08:44 But can it be specified in the will that the spouse is to receive nothing?? I can't imagine doing that, and I'd divorce his butt, but I think that's the question.
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Jerry Eichenberger Serious Thumper Offline 2006 S40. OEM windshield, saddle bags, Sportster Posts: 2919 Columbus, Ohio Gender:	Re: Can I write my wife out of my will? Reply #3 - 08/26/11 at 13:10:41 Not in a state like Ohio that lets a spouse "take against the will". In that case, it's as if there is no will.
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babyhog Serious Thumper Offline Find a Cure for Breast Cancer! NOW!! Posts: 3802 WV Gender:	Re: Can I write my wife out of my will? Reply #4 - 08/26/11 at 13:18:55 Oh, I see. But that kinda nullifies even having a will, doesn't it....
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Jerry Eichenberger

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Re: Can I write my wife out of my will?
Reply #5 - 08/26/11 at 13:33:27

Sometimes, in some states, you can acheive that goal with a pre-nuptuial agreement, entered into before marriage and with full disclosure of each other's assets and liabilities. These agreements are disfavored almost everywhere, and are high scrutinized by the courts.

In all of the wills I've written in nearly 40 years of practice, I've never had a client want to disinherit a spouse - if you hate her or him that much - divorce him or her.

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weracerc

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Re: Can I write my wife out of my will?
Reply #6 - 08/26/11 at 13:33:50

NC - my mother in law left her 4th husband a life estate in the home and it's contents as well as her car - there was no residue clause (who gets what) specifically mentioned - the old man stole her money co-mingled it with his bank account - was removed as executor by probabte judge more than 1 year after her death - and the estate is tied up with a "public adminsitrator" who is now handling the estate more than 2years after her death - and this P.A. does not communicate anything she is doing with the estate to the "object of her bounty" the children of the deceased (wife's mother)....bottom line the old man was not to recv any $$ or anything else besides the life estate (right to live in the house) and the car......he took everything including jewelry, family heirlooms etc..... and removed them from the property sold them who knows what he did with some of it....he died 6 weeks ago - good bye good riddence!

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scottnj

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Re: Can I write my wife out of my will?
Reply #7 - 08/26/11 at 14:16:37

I'm an Ohio lawyer like Jerry, and I also wouldn't give you any real advice in a public forum like this and not on Georgia law. But if you're just asking in order to settle your "bar bet" about who's right, I don't think either of you is 100% right. The law of pretty much every state provides for some minimum support that a surviving spouse can claim regardless of what the will says. Georgia is known as one of the states that provides the fewest rights to a surviving spouse, so if your goal is to leave as little to each other as possible you're probably living in the right place.

I hope this is just a joke, but if you really want to make any changes to your will, consult a Georgia attorney.

If you really want to make sure your wife doesn't get anything from your estate, just spend all your money now on stuff that doesn't retain any value, like parts and gas for your savage/s40.

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justin_o_guy2 Serious Thumper Offline What happened? Posts: 55279 East Texas, 1/2 dallas/la.	Re: Can I write my wife out of my will? Reply #8 - 08/26/11 at 15:03:16 I doubt you could will more away from her than you could walk away with in a divorce.
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verslagen1 YaBB Moderator ModSquad Offline Where there's a will, I want to be in it. Posts: 28889 L.A. California Gender:	Re: Can I write my wife out of my will? Reply #9 - 08/26/11 at 15:05:31 good advice, spend it or give it away.
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bill67 Serious Thumper Offline old tired Posts: 8517 genoa city wisconsin Gender:	Re: Can I write my wife out of my will? Reply #10 - 08/26/11 at 16:02:10 Take her to Aruba for a vacation.
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Serowbot YaBB Moderator ModSquad Offline OK.... so what's the speed of dark? Posts: 28678 Tucson Az Gender:	Re: Can I write my wife out of my will? Reply #11 - 08/26/11 at 17:12:51 I hope you're asking this from work,... or you might end up,... Gyrobobbitt... ...
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lukeduck Full Member Offline "Come to terms with the ass that bears you" Posts: 166 Ontario, Ca. Gender:	Re: Can I write my wife out of my will? Reply #12 - 08/26/11 at 17:18:14 You can put anything in a will that you desire. Don't know how it'll hold up in court tho
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Gyrobob

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Re: Can I write my wife out of my will?
Reply #13 - 08/26/11 at 19:53:14

So, the situation is probably that no matter what, the surviving spouse gets something out of the estate, even though the will might say "he/she gets nothing, the kid gets it all."

I should have phrased the question differently. It is possible the reader might get the impression that I wanted to write my old lady out of the will. If I could redo it I would ask, "Can one spouse write the other spouse out of the will?"

Out in California, I knew a guy who wrote his will thusly:

When I croak:
- The wife gets nothing, I disown her.
- My daughters get nothing, I disown them.
- My SON gets it all.

A son-in-law (disowned daughter's hubby) complained about that, but the daughters were too intimidated by the SON to do anything about it. So, when the old fart kicked off, the SON got it all, which wasn't much, except for a house in silicon valley. The house was not in good shape, but the lot alone was probably worth a mil or so.

The son-in-law feels bad for his wife (one of the disowned daughters) because the old fart gave everything to his SON, illegally, and everyone let his SON get away with it.

When the old fart's wife croaked, she didn't understand how she had been robbed, and didn't set up her will to properly handle what she rightfully owned. So, the SON has the house, and the daughters have nothing.

The only silver lining in the cloud is that the house is worth less than half of what it was several years ago, and the property taxes are eating the SON alive.

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verslagen1

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Re: Can I write my wife out of my will?
Reply #14 - 08/26/11 at 20:05:06

Gyrobob wrote on 08/26/11 at 19:53:14:

The son-in-law feels bad for his wife (one of the daughters) because the father gave everything to his son, illegally, and everyone let his son get away with it.

The SIL should feel bad for his wife, but not because she was cheated out of any money. But because the old fock didn't love his family. And it looks as if the young fock will follow in his footsteps.

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