Legal Question in Wills and Trusts in Georgia
My wife and I have been married for 6 years. There are 2 children from her previous marriage. Her parents have allocated money for her and the children in their will. Their concern is what happens to the kids money if their mother (my wife) dies. Her ex-husband remains active in their lives so it is certain that adoption is not a viable solution. Although we are on decent terms with the ex-husband, it is not the intent of the maternal grandparents for him to gain control of the kids inheritance in the event of the death of their mother. How can the grandparents and my wife setup their wills in such a manner as to leave me (the step father) in control of the kids inheritance?
3 Answers from Attorneys
The obvious and easy solution (and really the only one) - make an appointment with a lawyer who primarily handles wills and estate matters and each party can tell the lawyer what they want to accomplish. The lawyer will take it from there. The worst solution (beyond not doing anything at all) is try to get information on the web and try to do it yourself (or worse, for someone else).
Your in-laws need to consult with an attorney regarding their estate plan. I don't know where they are located, but if their will or trust is properly drafted, the inlaws can leave assets to their daughter (your wife) and her children and can provide that your wife's ex-husband has no control over the children's money. The same goes for your wife.
If your in-laws are located in North Carolina, have them contact me. I can review their estate plans and revise for a reasonable fee. If they are concerned that they are not in my area, there is no need for them to come to meet with me face to face - work can be done over the phone or via email to reduce the costs. Please have them contact me at [email protected] if interested.
I am admitted in Georgia and can also look over your and your wife's will or trust. If you would prefer local counsel, I understand, but this should be done given your and your wife's situation. Don't rely on a do-it-yourself kit in the hope of saving a few bucks. Those kits are fine for some people, but if you have complicating factors (like a blended family), the dollars you save now could end up costing a whole lot more in legal fees if something happens and a legal battle ensues. So at least pay for a consult with an estate planning attorney.
A properly drafted will should accomplish your wishes. A do it yourself online will probably will not, so you need to see a lawyer.
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