How Georgia Handles Spousal Inheritance After Divorce

Is it possible to receive spousal inheritance after divorce?

Spousal Inheritance After DivorceIf you get a divorce and your ex-spouse dies without a will, their estate is subject to the laws of intestate succession (legal order of distribution for a decedent’s assets). Without a current will, you are not able to inherit according to your former spouse’s final wishes.

After the Divorce Decree

According to Georgia law, once a divorce has been finalized, if a former spouse has not been written out of the will, probate law will consider them to be predeceased. The divorce nullifies any relationship between the deceased and the ex-spouse. The former spouse is not entitled to inherit anything because he or she no longer has any legal claim. Any assets that the ex-spouse stood to inherit prior to the divorce are now the inheritance of the deceased’s beneficiaries according to probate law. This statute also prevents the children of an ex-spouse from inheriting unless they are also the biological children of the deceased. 

Special Considerations

If for some reason a spouse still wants their former spouse to inherit after the divorce, they must state that intent in their will. If the deceased fails to mention that their divorced spouse is to inherit after the divorce has been finalized, the former spouse will be disinherited according to the probate laws in Georgia.

In many cases, divorce does not necessarily affect an ex-spouse’s right to inherit or claim survivor or beneficiary benefits from the decedent.

If you are currently in the process of divorce or have recently divorced and your former spouse passed away, contact Georgia Probate Law Group to schedule your complimentary consultation regarding potential inheritance.

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Disclaimer: The information above is provided for general information only and should not be considered legal advice. Our probate lawyers provide legal advice to our clients after talking about the specific circumstances of the client’s situation. Our law firm cannot give you legal advice unless we understand your situation by talking with you. Please contact our law office to receive specific information about your situation.