Legal Question in Wills and Trusts in Georgia

Re: Laws for the ex-wife in trust for children of deceased father

I am not sure what you mean by "trustee." She would be a "trustee" only through appointment as such in a will, or in a written trust document. The document would set forth the purpose of the trust and her powers. I am not sure she is a "trustee" unless she achieved that status through one of those two methods.

Re: Laws for the ex-wife in trust for children of deceased father

Life Insurance is paid to a named beneficiary upon the death of the insured. If the named beneficiary is the ex-wife (and not a trust with the wife as trustee), then the wife is entitled to unrestricted use of the monies as she deems fit. Certainly, parents have a general obligation of support for their minor children and if they fail in that responsibility they can be held legally accountable - although I haven't seen an actual legal case on this matter other than when a parent fails to pay over child support as contractually agreed to. I think it would be very difficult for anyone to intervene except under circumstances of real apparent neglect and hardship. As long as the children receive some minimum level of support and assistance, the ex-wife will have very little to account for. It is an interesting question - can the children (or grandparents) make a legal case against parents that exercise poor financial stewardship and management - or squander money on vacations, drinking, gambling, etc. to the detriment of the family??? I haven't seen or heard of such a case, although I can see where a creative attorney could make one...courts have the utmost concern for the welfare of children; the needs of the parents are secondary.