Legal Question in Wills and Trusts in Georgia
My father has written his will to divide his farm between the 4 children. But he has also indicated verbally that we will not be allowed to sell the land outside the family. Only one of us would want to farm, and that one cannot afford to buy the other three out. Can this be enforced? We're looking for a way to handle without hurting our 82 year old father.
2 Answers from Attorneys
The answer rests in the language of the will. Without having the will to read, it will be impossible to give you guidance on the enforceability of it. Was the will drafted by a Georgia probate attorney? Regardless, if you don't want to hurt your 82 year old father, then waiting until he dies and then contesting the enforceability of his will is not the way to honor him. Why don't the 4 siblings get together and have a family meeting to discuss?
Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.******
Your father if he chooses can write you out of a will if he wanted to (so perhaps you should ask him to do that)
If he does it properly, he can impose conditions on an inheritance. No one here has read the will to know if it was properly drafted.
If you don't like the conditions, you can refuse your inheritance when he dies and the other siblings will likely, depending on how the will is written, get your share.
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