Martinez, GA Estate Planning Law Firms & Lawyers

Drafting a will is a very quick process that can usually be accomplished within a matter of weeks or sooner in most cases. It really depends on the complexity of the will and whether there are any trusts created or any tax planning necessary. The second part of your question seems to be inquiring about the probate process. Having a will makes things much easier, however, with or without a will the time depends largely on the assets of the Estate, how long it takes to liquidate or distribute them and how many creditors there are. You should advise your mother that a will is very simple and will make matters much easier when she passes. She may also need a medical and durable power of attorney.

The answer depends in part upon who died first, your husband or the ex-wife? Another important factor is what does the divorce decree state? What is the property worth? What is the total value of your deceased husband's estate? Did he have a Will? Do you have a prenuptial agreement? Are any of the children minors at the date of his death? The question you ask is not a simple question. You should seek legal counsel and bring with you a copy of the divorce decree and information about the assets and the value of such assets in your husband's estate, without that it is difficult to determine your rights.

The "spouse benefit" referred to by the quoted language is one-half of your former spouse's benefit, not his actual benefit amount. "Spouse benefit" means the benefit payable to a person's spouse (or former spouse, in this case). If your individual benefit under your record is higher than the spouse benefit payable under your former spouse's record, which is one-half his benefit, then you would only receive your individual benefit. So it sounds like you are getting the maximum amount you are entitled to.