English v. Ricart

The Court ruled that under the facts of the case, in which the will was not yet admitted into probate, O.C.G.A. § 53-11-5 authorized the probate court to extend the appellee's to raise a claim for her intestate share to her husband's estate under O.C.G.A. § 53-4-48.

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In this case, we are asked to consider whether the probate court erred by finding that Beatrice Ricart, who married Robert English “Decedent” a number of years following his execution of a will which did not contemplate their marriage, had not waived her right to an intestate share of the estate under OCGA § 53-4-481 because she initially assented to the petition to probate the will in solemn form. Under the facts of this case, we find that Ricart has not waived this right. The record shows that, after divorcing his first wife, Decedent left his entire estate in trust to his two sons, Tyler and Blake, pursuant to a will executed on June 8, 1994. This will does not contemplate future marriages. In 1999, Decedent hired Ricart, a citizen of France, to be his sons’ au pair. In June 2001, Decedent married Ricart in a secret ceremony, but he made no changes to his will to provide for his new wife. Decedent died on November 22, 2004, and his 1994 will was offered for probate in solemn form on January 7, 2005. The petition for probate was filed by Decedent’s brother and executor, William F. English, and the petition listed Ricart as Decedent’s current spouse and an heir of the estate.2 An “Acknowledgment of Service and Assent to Probate Instanter” signed by Ricart was attached to the petition.

Both of Decedent’s sons filed answers to the petition to probate on February 7, 2005. In his answer, Tyler contended that Ricart was not Decedent’s legal wife, that Ricart’s prior assent to probate waived any rights she may have had pursuant to OCGA § 53-4-48 to take under the will, and that William English should be removed as executor of the estate because he had refused to investigate the validity of Ricart’s marriage to Decedent. Tyler also requested a hearing. Through a guardian, Blake contended that William English was not properly investigating the marriage, and he requested a hearing as well.3

English v. Ricart

The Court ruled that under the facts of the case, in which the will was not yet admitted into probate, O.C.G.A. § 53-11-5 authorized the probate court to extend the appellee's to raise a claim for her intestate share to her husband's estate under O.C.G.A. § 53-4-48.

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