Protecting My Children's Inheritance

[mqflowers]

What is the name of your state (only U.S. law)? GA. Me and my husband have wills and I know that we need to now work on a Living Trust. How would I ensure, within my Living Trust, that if something happens to me and my husband that my step daughter won't come into town and take over and try to take what's rightfully my children's inheritance?

Also, I don't want anything in probate and I want everything to go as smoothly as possible for my two children (age 18 and 14). How would I also ensure that there won't be a probate?

You know I've seen this happen to many times where an older sibling comes in and takes over and the other children are left out. It is my understanding that there's only a probate if someone contest the information. Is this true?

 

[anteater]

It is my understanding that there's only a probate if someone contest the information. Is this true?

No, that is not the case. Probate is the legal process whereby the deceased's affairs are concluded - establishing a will's validity, appointment of a person with the legal authority to administer the probate estate, payment of legitimate creditors, distribution of assets under the provisions of a will or by the state's intestacy statutes if no will, etc. Without probate, a will's provisions are simply a statement of intentions and desires. The will's provisions have no legal force until probate is opened.

I can't comment on what situations you have witnessed. But someone does not waltz in and "take over." Unless the interested parties sit on their hands and do nothing.

I don't know if Georgia is a state in which probate is a cumbersome process. Or if it is a state in which it is fairly simple. Before you conclude that you need a living trust, I would suggest that you have a consult with an experienced estate attorney with whom you can discuss your situation, goals, and concerns.

I did a quick search for GA probate and came up with this site that is "the homepage of Georgia's Probate Courts." It might help you in becoming more familiar with GA probate and aid you in your decision-making.

gaprobate.org :: Homepage for Georgia Probate Courts

 

[mqflowers]

Exemption to Probate

How can you have an exemption to probate?

Also, does anyone know if legalzoom is any good? I'd rather do my own trust to save some money.

 

[Zigner]

How can you have an exemption to probate?

Also, does anyone know if legalzoom is any good? I'd rather do my own trust to save some money.

Have you heard the phrase Penny wise and pound foolish? Since you expect there to be a problem, you would be much better off having a pro help.

 

[mqflowers]

A Problem

I know that type of people that are in my family. Therefore, I don't suspect there to be a problem, I know that they would cause a problem. And I am a very detailed person and just want to ensure that my two children don't get taken advantage of.

Thanks for your assistance.

 

[anteater]

I know that type of people that are in my family. Therefore, I don't suspect there to be a problem, I know that they would cause a problem. And I am a very detailed person and just want to ensure that my two children don't get taken advantage of.

Thanks for your assistance.

Why is it that you think a living trust is going to prevent your children from being taken advantage of?

How can you have an exemption to probate?

Please provide some context to the question.

 

[mqflowers]

I didn't say that a Living Trust would protect my children from being taken advantage of. That's why I put the post out, because I wanted to know the best avenue to take.

I have thought more about it and I believe that the best thing also, other than maybe the Living Trust, is to let the representatives know the situation and ensure that they have all the details.