Georgia Trusts Legal Questions

The answer could depend on some different factors. Some life insurance policies have a provision stating that they will not pay in the event the insured committed suicide, although sometimes those restrictions do not exist and sometimes they are limited, so that, for example, they might only apply if the suicide occurred within 2 years after the policy was issued. However, in general, if the spouse was the designated beneficiary of the policy or of any other asset, she would receive benefits under the beneficiary designation as long as she and the deceased were still married (and sometimes even if they'd been divorced before death, which is why it is critical to check and update all beneficiary designations after a divorce). In general, the only time someone who is designated as a beneficiary, or who is an heir to an estate or beneficiary under a Will, will not receive the assets because of their involvement with the death is if they actually are determined to have killed the person. Many states have a "slayer statute," which typically provides that a person who is found to have actually killed the deceased will not receive benefits as a result of the death, even if they otherwise would receive assets as a designated beneficiary or as an heir. However, if your husband's ex-wife simply irritated her current husband to the point that he actually killed himself, and she didn't actually kill him or have someone else kill him, then she's not likely to be preventing from receiving assets by a slayer statute. If her current husband's family has concerns, then they really need to consult their own attorneys. Those attorneys would need to be familiar with the laws of the state where her current husband had his primary residence at the time of his death. This question can be difficult to determine if he was active military, but it could usually be figured out. It sounds like a very sad situation, but unfortunately it may be the case that your husband's ex-wife is entitled to whatever she gets, even if her current husband really did kill himself as a result of her actions.... Read More

I am not completely clear about your exact situation. It sounds like your father transferred his second home to you and your husband, and that you and your husband later transferred the house to a trust controlled by your father in hopes of avoiding your husband's potential creditors. The reference to "power of attorney" does not make sense in the context in which you've used it, since "power of attorney" is a power one individual gives to a second individual to carry out actions for and on behalf of the first individual, and does not involve a trust. I believe you mean that your father is the Trustee of the trust. But then you state that your name and your husband's names are on the deed, which would imply that the house is not in a trust at all, since to put the house into a trust would have required you and your husband to sign a new deed transferring title to your father, as Trustee. I very strongly suggest that you find a good lawyer who can review all of the relevant documents and figure out exactly what is going on and what rights you have. This is not a forum which is going to be suitable for that, since the actual documents involved are absolutely critical and I would need to review them all before I could begin to tell you what to do.... Read More

I am not sure what your question is. Assuming the account was created under Georgia law and is being held in Georgia, you became entitled to the funds in the account years ago. If it's not Georgia, the same answer probably still holds true, but I'm only licensed in Georgia so I can't address other states. Unfortunately, if your father will not willingly turn over the funds to you, your only recourse will be to sue him. That won't be a pleasant process. You can try and ask him again for the funds, and tell him that you will not hesitate to sue if he continues to refuse to turn over the account. But if you want to preserve a relationship with him, you may have to let this go. Unfortunately, this is not an uncommon situation. Good luck to you.... Read More

Lawyers spend years in law school learning how to do research. I suggest you hire one. Or, if you are not a law student needing help with your homework, hire a law student to find it for you. He or she will have access to research databases and the school's law library - usually quite a vast resource - and will charge you little. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com ... Read More

The money in the UTMA belonged to your child. Legally, you should have either given the money to him, or spent it on him. Taking the money out of the account for other purposes is stealing. If the money is still in existence, it must be shown on financial aid application documents. To your success,Gale Allison, Principal AttorneyAllison Firm, PLLCwww.theallisonfirm.comwww.linkedin.com/in/galeallison.com... Read More