Legal Question in Wills and Trusts in Georgia
My husband and I are making our wills. We both have adult children from previous marriages. My husband is estranged from his children and has not spoken to them in years. My children have lived and grown up with both of us. How does he provide for the step children as he would like and limit what is provided for to the "biological" children?
2 Answers from Attorneys
Very simple. He gets a good lawyer to carefully draft appropriate language. This is not something he can attempt with forms, internet sites, etc. But a good lawyer will custom draft a will (and possibly other documents). Have him feel free to call me at 404-768-3509 if he doesn't already have counsel.
I have to agree with Attorney Ashman. This is not something you do on your own. Wills and other estate planning documents (besides a will, your estate plan should include financial powers of attorney and healthcare powers of attorney & living wills (Georgia combines the healthcare and living will into one document).
What your husband is attempting to do is sophisticated and the children whom are estranged have to be disinherited or partly disinherited in the right way so as to not invite litigation in the form of a will caveat. I suggest something to show that your husband knows who his children are and that the disinheritance is intentional. Something like "I have intentionally and with full knowledge disinherited my children, A and B, not out of lack of love and affection, but for my own personal reasons." Do not leave them $1.00 or $5.00 - your husband will be inviting a lawsuit if he does that.
Including the step-children is easy - your husband can mention them by name or include something like "I leave xxxx to my stepchildren, A, B, C and D."
However, I cannot stress this enough. Please see an estate planning lawyer. Its very important, especially for a situation like yours.