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Inheritance raises many questions about ownership and the ability to pass assets to loved ones. One common concern is: Can I leave my share of my inherited estate to my spouse in a will? The answer depends on how you inherited the property and the legal rules that apply in Georgia.
Individual vs. Shared Inheritance
Sole Ownership
If you inherit assets in your name alone, they are generally considered your separate property. In this case, you may leave those assets to your spouse (or anyone else) through your will.
Co-Ownership
If you inherit property jointly with siblings or other heirs, your ability to leave your share depends on the form of ownership:
- Tenancy in Common: You own a divisible share. You may leave your portion to your spouse in your will.
- Joint Tenancy with Right of Survivorship: Your share automatically passes to the surviving co-owners at your death. You cannot override this with a will.
Special Considerations in Georgia
- Marital Property vs. Separate Property: Inheritance is usually considered separate property, not subject to Georgia’s equitable division laws in divorce—unless it was commingled with marital assets.
- Spousal Rights: While Georgia does not have a “community property” system, a surviving spouse may still have rights such as a Year’s Support Claim, which could affect the ultimate distribution of assets.
Leaving Inherited Assets to Your Spouse
If you want your spouse to receive your inherited property, you should:
- Confirm how the property is titled.
- Use a valid Georgia will (or trust) to clearly state your intentions.
- Review beneficiary designations for accounts that pass outside of a will (like retirement accounts or life insurance).
- Consult an estate planning attorney to ensure your wishes align with Georgia law.
Final Thoughts
In most cases, yes—you can leave your inherited estate to your spouse in a will, provided you own it outright or as a tenant in common. However, the type of ownership and Georgia law can create exceptions. To ensure your spouse is protected and your wishes are carried out, seek guidance from an experienced estate planning attorney.
