Are the kids to pay for the father's sins?

What is the name of your state? GA Is the state this happened in. My Uncle Died right before Christmas. He had remarried. My two cousins were not in the will. He and his wife got "taken" by this company that set up trust and their wills if they died together. The attorney the wife employed after my Uncles' death said all the "trust" and such were useless garbage not even worth the paper it was printed on. My question is: are my cousins just left to the mercy of the "step-mother" as to what they get of their father's belongings and funds he had BEFORE he married the "step-mother"? My uncle cheated on their mother and then divorced her and married the other woman "the step-mom" . So are the kids to pay for their father's sins? For instance, when my grandmother passed away, my Uncle took her car. Now that he has passed, I feel that car should go to one of my cousins. I don't feel my "aunt" has any right to this property and other things he inherited from my grandmother. Is there anything they can do?

What is the value of the estate? Very odd that a man would leave his own children out of his estate planning. If the cousins are somehow able to get a copy of the will and trust they need to take them to an attorney to see if it would be worth contesting, but if they are not named as beneficiaries in either, it's hard to see how they would be able to get a copy of these documents. At the very least they should be consulting their own attorney.

If it was father's intent for them not to have anything, then so be it.

DANDY DON IN OKLAHOMA ([email protected])

And please counsel your cousins about the fact that this never was "their" stuff in the first place...

Dandy Don said:

What is the value of the estate? Very odd that a man would leave his own children out of his estate planning. If the cousins are somehow able to get a copy of the will and trust they need to take them to an attorney to see if it would be worth contesting, but if they are not named as beneficiaries in either, it's hard to see how they would be able to get a copy of these documents. At the very least they should be consulting their own attorney.

If it was father's intent for them not to have anything, then so be it.

DANDY DON IN OKLAHOMA ([email protected])

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Thank you. His intent was to leave 30% to each child and the rest to his now wife. An attorney firm took my uncle and his wife an created all kinds of trust, ect, very specific about the kids getting 30% but the probate lawyer told my mother and "aunt" that these documents were worthless. I do not think my "aunt" is trying to withhold everything but since he gave no specifics I don't think she knows what to do. He only specified 30% to each child in the "worthless" document and told my "aunt" that he knew she would do right by the children. The probate attorney was also going to report the Will, Trust makers to the Bar (supposedly) How can my cousins get there hands on this without asking the aunt outright?

Zigner said:

And please counsel your cousins about the fact that this never was "their" stuff in the first place...

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If the father promised things to them, then why is it not their stuff in the first place?????
What is Georgia law? Does the wife automatically get EVERYTHING? My grandmothers' car should not belong to the wife (aunt)

How can my cousins get there hands on this without asking the aunt

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Get their hands on what?

Did this attorney flat out say that these documents are invalid? If they are, then father's estate would be distributed in accordance with Georgia's intestate succession provisions:

If any part of a Georgia decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally considered first when distributing assets from the intestate estate. The amount a surviving spouse is entitled to, however, varies as follows:

- If there is no surviving child or other descendant of the decedent, the surviving spouse gets the entire intestate estate.

- If the decedent is survived by a child or other descendant, the surviving spouse is entitled to a minimum of one-third of the intestate estate. Otherwise, the surviving spouse is entitled to an equal share with the decedent's children, with the descendants of any child that predeceases the decedent (e.g., surviving grandkids) splitting the predeceased child's share.

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If the father promised things to them, then why is it not their stuff in the first place?????
What is Georgia law? Does the wife automatically get EVERYTHING? My grandmothers' car should not belong to the wife (aunt)

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If the "promise" was not contained in a valid legal document, then it is not likely enforceable. If the father owned an asset when he passed away, then it is part of his estate. it does not matter where the asset came from - gift, inheritance, winning the lottery... If the wills/trusts are valid legal documents, then his assets are distributed according to the instructions in those documents. If not, his assets are distributed per the intestate provisions above. And, if the assets are distributed intestate and one of the children wants the car, they can negotiate that as part of their intestate share.

If the father promised things to them, then why is it not their stuff in the first place?????

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Seriously? I can promise to give you my car when I die and write my will to do exactly that. Does that make it yours NOW? Of course not. Unless I've placed my car in a non-revocable trust, I also have the right to change my mind at any time and give my car to someone else. It was not YOUR car that I gave away, it was MY car.

My grandmothers' car should not belong to the wife (aunt)

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Why not? Did your grandmother's will give the car to someone other than your uncle? Assuming that your uncle inherited the car from his mother, it was HIS car to dispose of as he wished. If he added his wife to the title, or specified her as the TOD (Transfer on Death) beneficiary, it was hers regardless of the will.