Legal Question in Wills and Trusts in Georgia
Rights
After divorcing my mom my dad moved to Ga. from s.c. Remarried and adopted his wife's childern and had 1 child with her. We have been told [his childern from 1st marriage] that we will not be given anything that belongs to him and we will receive nothing in his will, even though we do have a good relationship with him. We have been told that what he aquired there belongs to ''their'' [hers included] childern, and we have no rights to it.All childern are over 18 now. My question is do we have any rights? and what about the $1.00 that I have heard he is obligated to leave us? No, he is not a rich man but I would like to have something of his if anything should happen.Do we have any rights? Even if he put everything in her name? Which I have heard he has done.
2 Answers from Attorneys
Re: Rights
The answers to your questions would involve the precise wording of the last will and testament of your father. Without seeing that, it is impossible to tell you what your rights may or may not be. If "everything" is in his present wife's name, and he has no property or belongings to leave you, then it does not matter what his will says. It is unclear what you mean by "even if he put" everything in his wife's name. If he owns nothing, then there is nothing upon which his will can operate. You do not loose your status as an heir just because he marries and additional heirs come into being through adoption or birth.
Re: Rights
Based on your facts, I think he is within his rights to not leave you any money or property. Under the facts you pose, we do not have forced inheir. in Georgia. The one dollar is genereally a reference GA lawyers put in will to make sure that each potential heir is acknoledged in the will and then left nothing. Sorry. HCW
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