Can I disinherit my spouse or child in Georgia?

1. Spousal Disinheritance. Georgia is a separate-property state and uniquely permits a testator to fully disinherit a spouse. There is no elective share statute. The spouse's only protection is the year's support award under O.C.G.A. § 53-3-1, which provides reasonable support for one year drawn from the estate.

2. Augmented Estate. Not applicable — Georgia has no elective share or augmented estate concept.

3. Election Procedure. No election against the will. The surviving spouse (or minor children) may petition the probate court for year's support under O.C.G.A. § 53-3-5 within two years from the decedent's death.

4. Pretermitted Child. Under O.C.G.A. § 53-4-48, a child born or adopted after execution of the will, and not provided for or mentioned, receives an intestate share unless it appears from the will that the omission was intentional or the testator provided for the child outside the will.

5. Intentional Disinheritance of Child. Children of any age may be entirely disinherited if the intent is clear; Georgia has no forced heirship.

6. Louisiana Forced Heirship. Does not apply in Georgia.

7. Prenuptial / Postnuptial Waiver. Georgia enforces premarital agreements under O.C.G.A. § 19-3-62 and Scherer v. Scherer, 249 Ga. 635 (1982), which requires (a) no fraud, duress, or nondisclosure, (b) full and fair disclosure, and (c) reasonableness.

8. Homestead, Family Allowance, Exempt Property. Year's support under O.C.G.A. § 53-3-1 is the primary protection; it has priority over unsecured creditors and the will. Amount is set by the probate court based on the standard of living and family circumstances.

9. Will Contest Grounds. Lack of capacity, undue influence, fraud, monomania, or improper execution under O.C.G.A. § 53-4-11; caveat must be filed before the will is admitted or within the limitations period.

This is legal information, not legal advice.