Legal Question in Wills and Trusts in Georgia

Can I get a private will my wife cannot access for a new car I purchased my daughter? My kid is scared if I pass, she won't legally own the car title and my wife could take it from her or have her arrested for theft. She needs the car for her job and lost her benz in her divorce, so I got her a new one.


Asked on 1/01/16, 2:22 am

1 Answer from Attorneys

Sounds like you have bigger problems. You obviously have relationship issues between yourself, your wife and your daughter and I would suggest that you work on those as appropriate.

You do not need your wife to make a will. You can go to any estates/trusts type attorney in your county who does wills and have the attorney prepare one for you. Some attorneys will offer to store a will for a client. Some clerks of court will accept wills for filing/safekeeping in advance of death (I do not recommend that). Other people keep their wills in a safe place - safe deposit box or fireproof safe. The choice will be up to you.

Since you, your wife and daughter have major issues, what I would do is once you get your will, give executed copies to your daughter and/or others whom you trust. Keep the original in a safe place (like a safe deposit box) or leave with the attorney.

In making the will, you don't have to leave your wife much of anything. However, know that she can petition for a year's support (which she almost certainly is going to do if you leave her little). Whether she will get it will depend on what you own at death and how its titled. So even if you make a will there is a chance that any car might have to be sold to pay this allowance.

How old is the daughter? The only way to make 100% sure that wife will not get the car is to not have the car as an asset that can be raided by wife. Depending on your situation, there are a couple of things you could do. (1) make a revocable living trust and convey your personal and possibly real property to a trust. This would involve re-titling the car in the name of the trust if the car is owned free and clear. That way, if something happened to you, the trust will own the car (not you) and the trust can spell out that this car goes to daughter. Wife cannot petition the trust for a year's allowance as the year's allowance is only for probate estates. (2) If your daughter is over 18, why not convey the car to her now? By putting it solely in her name now you will guarantee that it cannot be taken from her. Again, this will involve re-titling the car. You can gift up to $13,500 to any one person in a calendar year free of gift tax. Is the car worth more than that?

Is the daughter paying for the car? What you could do in that case is sell the car to your daughter now. Car will have to be re-titled in your daughter's name but you could keep a lien on the car and have your daughter pay you as specfied in the bill of sale. If she pays the car off, you can release the lien. You can also have your will done and state in the will that if you die before your daughter is done paying off the car that you forgive any remaining balance. That way your wife would not be able to demand that your daughter pay off the car.

I recommend that you go and see an experienced estate planning attorney in your area. I have just given some suggestions but I don't really know all of your circumstances or asset or health situation so an attorney who reviews all of that may be able to add something else to achieve your goal.

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Answered on 1/01/16, 9:22 pm


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