Legal Question in Wills and Trusts in Georgia

Re: wills, trust and property

There are a number of issues here. When his will is probated you may want to start an action for guardianship of your grandmother�s person, to have someone appointed to act on her behalf. A conservator can also be appointed to act on her behalf with respect to property, and the same person may serve as guardian of the person and conservator of the person�s property.

From your brief description � it appears that your grandfather�s will delivered all of your grandfather�s property to your grandmother. In which case it is hers, and will be disposed of, when she passes, by any will she has properly executed. Your description suggests she may not have capacity to execute a will at present.

Your comment about what happens after she passes needs to be clarified. If there is verbiage in your grandfather�s will that indicates the children receive assets assuming she had predeceased him, the fact that she has survived him renders that clause insignificant. If she had a will, executed properly and at a time when she had capacity, that gave all her property at the time of her death to say, the Red Cross, then the business and all the other property she had (both her individual property and the additional property she received at your grandfathers death) would go to the Red Cross.

If your remark about your grandmother being a �beneficiary� is to indicate that your grandfather�s will set up a testamentary trust, with grandmother as beneficiary for life and the trust property to the children at her death (or if he distributed property to an already existing trust having the same instructions), then the trustee will execute the directives in the trust and allocate property accordingly.

In the case of heirs, a will can direct a certain distribution of property and that plan can be modified by agreement of all beneficiaries under the will. In other words the beneficiaries can form a contract among themselves to distribute the property in some other fashion.

These are just some initial observations. You need to discuss this with a Georgia lawyer. The language of the grandfather�s will and the precise language of your grandmother�s will (if any) will be critical.

Re: wills, trust and property

There is no way to answer your questions without reviewing the Will. Consult with a local attorney.