How can I provide for my daughter from my first marriage in my will.

I have a daughter from my first marriage. My wife has a son from her first marriage
and my wife and I have a daughter from our marriage. Most of my estate is
currently left to my wife. If I predecease my wife how can I ensure my daughter
from my first marriage is treated equally to the other children. My wife’s will currently
provides only a small cash bequest to my daughter from my first marriage . My will
also provides a small cash bequest along with equal treatment of the other two
children. The spouse share in my current will is dominant to the family share to the
extent there is little or no family share.

Thank you

Asked on March 14, 2017 under Estate Planning, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You cannot control what your wife puts in her will. Even if she were to right now structure her will to ensure fair and equal treatment, if you predecease her, she could then amend or revise her will. The only way to take care of your daughter is to NOT leave everything (or most everything) to your wife in your will, but instead to leave what you want your daughter to get directly to her in your own will.

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