Legal Question in Wills and Trusts in Georgia
can i be disinherited
my father passed away last year in ga. a few years prior to his passing,he sent me some documents that he and his wife had drawn up concerning distribution of their assets. he stated that they had wills with rights of survivorship. one page stated what happens to the assets if he passes first and the same for her. they mirrowed each other. her two kids recieved a copy of these papers also. they live in penna. since he passed all assets pass to her with rights of survivorship. when she passes the estate is to be divided up equally between myself and her two kids. what i dont know is,if the contents of these documents are contained within the wills. both have agreed and signed these documents. i dont know if they are legally binding or not if they are not contained within the wills.i am very concerned about being disinheirited. i am my fathers only blood relative left. since she signed and agreed to the contents of these documents,are they still legally binding or can she disregaurd them and disinheirit me. help
2 Answers from Attorneys
Re: can i be disinherited
Your questions involve an area of the law called "joint and mutual" wills. The answers to your questions depend upon the precise language of the instruments. Some wills say they are joint and mutual. Others say they are not. As a general rule, a person can leave his or her property to whomever he or she wishes. You need to consult an attorney. That attorney will examine the language of the documents you have, and will be able to make a judgement on (1) the precise language of the wills and the other documents you have, and (2) the facts surrounding the publication of the wills. Yours is a situation where some precise legal analysis would be beneficial. Your questions cannot be answered without that being done.
Re: can i be disinherited
Based on the facts you posed, I think your (father's wife -- as you referred to her) can disinheirit you. It matters not that you or her children signed (skipping the witness questions and assuming the wills to be valid). At your father's death, his assets went 100% to his wife and 0% to you. Now they are hers. If she writes new will and cuts you out -- well, sorry about that. If she leaves the present will, then 1/3 to all. The Georgia Courts have moved toward allowing the wife in this type of situation to dispose of the property without the limitation in the husband's first will. (However, you might win the fight on Joint and Mutual Wills, as opposed to merely Joint wills. But, I would not bet my legal fee on it.) I think if she changes her will you are out. See, Caudell v. Caudell, 260 Ga. 802, 401 S.E.2d 2 (1991); McPhearson v. McPherson, 254 Ga. 122, 327 S.E.2d 204 (1985). Good Luck with it. HCW
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