Georgia will
Can he make a will leaving half to wife and the other half to one son.
He can make such a will, but Georgia law (Georgia Code Sec. 53-3-1 G(c) ) provides that "the surviving spouse and minor children of a testate or intestate decedent are entitled to year's support in the form of property for their support and maintenance for the period of 12 months from the date of the decedent's death." Therefore, the minor children can get an award of the value of support and maintenance for 12 months. The remainder will pass according to the will.
Does the wife have to agree to this?
The wife does not have to agree to the terms of the will, but she can petition for the 12 months' support instead of what is left to her. (Since half the property is probably worth a lot more than 12 monts' support, she would not do this.)
Since the property is in his name only, can't he leave it to anybody he wants to without the wife's consent?
He can leave it to anybody he wants, subject to the 12 months' support of the minor children and spouse, as mentioned above.
The following Georgia law applies to this.
Georgia Code Sec. 53-3-3. A testator by will may make provision for the spouse in lieu of year's support, in which case the surviving spouse must make an election.
Georgia Code Sec. 53-3-7-G (c) If objection is made to the amount or nature of the property proposed to be set aside as year's support, the court shall set apart an amount sufficient to maintain the standard of living that the surviving spouse and each minor child had prior to the death of the decedent, taking into consideration the following: (1) The support available to the individual for whom the property is to be set apart from sources other than year's support, including but not limited to the principal of any separate estate and the income and earning capacity of that individual; (2) The solvency of the estate; and (3) Such other relevant criteria as the court deems equitable and proper. The petitioner for year's support shall have the burden of proof in showing the amount necessary for year's support.
