Legal Question in Wills and Trusts in Georgia

Is there a way to keep my daughter in law from getting any money from the inheritance that I leave to my son?


Asked on 6/16/12, 7:12 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Yes, get a lawyer to draft proper provisions in your will. Those will probably include some type of trust or special language in deeds.

Don't do this online or with forms or with something like "LegalZoom." You will create a disaster. It's not hard or expensive for a lawyer to draft such provisions and my office has done many such documents.

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Answered on 6/16/12, 9:09 pm

Yes and no. I agree with Attorney Ashman that you should have your will or trust properly drafted by an attorney and that you may not wish to you a do-it-yourself kit such as at Legal Zoom or www.nolo.com.

But, no matter how artfully this is drafted, the fact is that at some point, money or property is going into your son's hands. What he does with it is up to him. If he keeps it separate, it should not be a problem, but if he commingles it or uses money to benefit his wife and family, I am not sure that you could do anything about that.

The best way to maintain control is to et up a revocable living trust. Appoint someone other than your son as trustee and have the trustee dole the money out slowly to your son. That way, if he gets divorced, daughter-in-law will not be able to get her hands on the money and you will not have to worry about the son cominngling a large inheritance.

However, you need to see an estate planning lawyer and you and the estate planning lawyer need to discuss your wishes in detail and arrive at the option that is best suited to your needs.

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Answered on 6/17/12, 10:38 pm


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