Legal Question in Wills and Trusts in Georgia

Re: will legality

Consult with a GA attorney, if GA is where the will is/was probated. From your post, it is difficult to tell if Father left the property to Mother without restriction or if he only gave her a life estate. If the former, she can do whatever she wants with the property.

Re: will legality

i agree with the other authors that more information is needed to provide a reply. I am confused by your statement that reads "If when she died...". Does thw Will of the father create a trust or does it say that if wife predeceases assets go to 3 children? If no trust were created under father's Will and assets went to wife absolutely, she is free to leave as she desires, even if only to one child. However, issues may be raised by the remaining children why mother did this; such as undue influence by sole child inheriting, her competency, etc.

Re: will legality

It is difficult to tell without reading the documents. If Father willed his estate to Mother outright, the will doesn't impose a restriction on what she can do with it, only a wish. However, if the will establishes a trust, then the property does not pass under Mother's will but under Father's will. Father's will has to be read in order to tell which applies.

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