Can a husband disinherit his wife?

UPDATED: Jul 27, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 27, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a husband disinherit his wife?

My husband has terminal cancer and has changed our Will. He is leaving everything to our kids. Is there any use in me filing for divorce since he has already transferred the assets or just wait until he dies then sue?

Asked on July 27, 2011 Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your situation. You need to take the Will to an attorney to review in light of all of your assets.  The general answer is that no, a husband can not disinherit his wife and a wife has a right of election against a Will that tries to do so.   But Georgia, from my understanding, is not the most forthcoming with election rights.  Here is what I understand them to be:

The spouse is entitled to 12 months support and maintenance from the date the estate administration commences. (Section 53-5-2) This time may be extended if the estate administration takes more than 1 year. If the Will makes provisions in lieu of this, then the spouse can make an election to obtain the support allowance. (Section 53-5-5).

Other states allow for a third or so of the net income of the estate.  How are your assets held? Jointly with rights of survivorship I hope.  Then they will go to you upon his death automatically.  Please seek legal help in your area on this.   Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption