Legal Question in Wills and Trusts in Georgia

my father worked for his father.when he met my mother who had four children.soon after,she got pregnent with me.my father being well educated and high morals married my mother. he has provided a upper class life style for 45 years.supporting not only my syblings but my mothers whole side of the family.while forced to have nothing to do with his side of the family. when i was 9 years old my grandfather past away. my father took over his business whitch was the sorce of providing such a upper life style.15 years ago he inherited his mothers estate,i am his only child and only grandchild to his parents. my mother never had to work.last year my father was diagnose with cirrhosis of the liver. and two days after coming home from a bowel obstruction surgery my mother had my father and her go make out a will. he was very confused at this time. even though im the only one who takes care of my parents.my mother has made it clear that i am not to be in their will. at my understanding if he passes before my mother. she controls it all. and when she passes my two children inherit it all.my question is can she sell or give it away before she passes? and if so what can i do?


Asked on 12/17/13, 6:08 pm

1 Answer from Attorneys

Its your father's property to do with as he pleases; its not yours and children do not have a right of inheritance from their parents.

If you are concerned, talk to your father to find out what he wants. And if he was confused, then who drafted this will? Did your father go to an attorney? If so, the attorney would have talked with your father privately to ensure that your father was mentally competent to make a will and that your father was aware of the fact that he had a child (you) and voluntarily chose to disinherit that child.

I don't know what you can do since it is up to your father to make a will. If the will reflects his choices then so be it. If you are concerned, you could try talking to your father. Perhaps he could make a gift to you while he is alive or he could make a change to his will.

While you go into lots of irrelevant details from the past (who cares that your dad had nothing to do with his family???? Maybe that was his choice).

I get the sense that you are not providing the truly relevant information from the present. You seem to have this attitude that you have a right to somehow inherit because you are taking care of your parents. You don't as I have noted. But more importantly, what kind of a mother tells her child that he is disinherited? There clearly are more family dynamics at work here. And why are you being a schmuck caring for your parents if they are not going to take care of you financially when they die? Maybe you would do it because it might be the moral thing to do but if my mother told me I was disinherited, I would confirm that with my father and if it was confirmed, I would be saying sayonara to these selfish and ungrateful people.

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Answered on 12/17/13, 11:58 pm


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