Savannah, GA asked in Estate Planning and Family Law for Georgia

Q: Father-in-law has will naming his 4 children as beneficiaries.

Father-in-law said, according to his Georgia attorney, my husband's portion could not be left to me (spouse) should he predecease his father. It could only go to his remaining 3 children or progeny of me and my husband. Is this true? My husband told his father he would want me to receive what would have been his inheritance. We have been happily married for 37 years and foresee no change for remainder of our life together. We are in our early 60's and husband knows I would have financial hardship should something happen to him. Is this true of Georgia inheritance laws or is attorney and/or father giving us incorrect information?

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3 Lawyer Answers
Nina Whitehurst
PREMIUM
Nina Whitehurst
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: You father-in-law's money is his money and he can leave it to anybody he wants. He could disinherit all of his children and leave it all to charity if he wanted to. So, yes, your father in law can choose to disinherit his son and all of his son's relations (including you) if his son predeceases him. Your best bet it to take really good care of your husband to ensure that he survives his father. As long as he doesn't have any health issues or engage in reckless behaviors, the statistical odds are in his favor.

Regina Irene Edwards agrees with this answer

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: Your father-in-law could choose to set up his bequest so you could inherit if your husband passes away before his father. His choice to not do that is an intentional one.

Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: Whether your father in law's will leaves property to survivors of a child can only be determined by reading the will. Wills can be written either way and it would be guessing to try to answer your question without reading the will.

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