One of the most common misconceptions I hear from married women is, “Everything will just go to my husband if something happens to me.”
While that may sound reasonable, it isn’t always how Georgia law works.
Many people assume that being married automatically means a surviving spouse inherits everything. In reality, whether your spouse inherits all of your estate depends on how your assets are owned, whether beneficiary designations are in place, and whether you have children. Without a will, Georgia’s intestacy laws determine who inherits your probate estate, and the outcome may not be what you expected.
For many women, this comes as a surprise.
If you pass away without a will and leave behind both a spouse and children, Georgia law generally provides that your spouse and children share your probate estate. Your spouse does not automatically inherit everything. In fact, the surviving spouse’s share cannot be less than one-third of the estate, but the remainder may pass directly to your children.
That may sound perfectly acceptable until you think about what it means in real life.
Imagine your husband is trying to keep the family home after you’ve passed away. If the home is part of your probate estate, your children may now have ownership interests alongside your spouse. If your children are minors, those interests may require a conservatorship or court involvement before certain decisions can be made. Even when children are adults, multiple owners can complicate selling property, refinancing a mortgage, or managing family assets.
This isn’t because anyone has done anything wrong. It’s simply how the law works when someone hasn’t left instructions.
A will allows you to make those decisions yourself rather than relying on default state law.
It is also important to remember that not every asset passes under a will. Retirement accounts, life insurance policies, and many financial accounts with designated beneficiaries generally pass according to the beneficiary designation on file. Property owned jointly with rights of survivorship may also transfer automatically. However, assets titled solely in your name without a beneficiary designation often become part of your probate estate.
That’s one reason estate planning is about much more than signing a will. It’s about making sure all of your assets work together to accomplish your goals.
For women, this planning can be especially important.
Women often outlive their spouses, become caregivers, manage family finances later in life, or enter second marriages with children from previous relationships. Some have children together, while others have blended families with different wishes for different beneficiaries. These situations deserve thoughtful planning rather than relying on one-size-fits-all default laws.
A properly prepared estate plan can help ensure that your spouse has the resources they need while also protecting your children and honoring your wishes. It allows you to choose who serves as your executor, who makes financial and healthcare decisions if you become incapacitated, and how your assets should ultimately be distributed.
Most importantly, it gives your family clarity during one of the most difficult times of their lives.
Estate planning isn’t about assuming something will go wrong. It’s about making sure the people you love aren’t left trying to figure out what you would have wanted.
If you’re married and have been assuming your spouse will automatically inherit everything, now is a good time to review your estate plan—or create one if you haven’t already.
The decisions should be yours, not left to Georgia’s default rules. Rules set up by old, white men long, long, long ago.
Every family is different, and your estate plan should reflect your unique circumstances. If you’re married and want to make sure your spouse and family are protected according to your wishes—not just Georgia’s default laws—we’d be happy to help. Contact Atlanta Wills + Trusts Law Group to schedule a consultation and create a plan that’s designed specifically for your family.