Legal Question in Elder Law in Georgia

My mother had 6 wills since 1969, all stating the same division of property equally between my sister and myself. This included furniture, jewelry, etc. My mother had a stroke then dementia. One year before her death my sister got her to sign a letter stating that she wanted my sister to have her jewelry and take possession of it before she died and did not want to have it as part of her estate. I was never shown this until after my mothers death because my sister knows that had I seen it and I talked to my mother she would have said that is not what she wanted. Can my sister get away with this?


Asked on 7/09/14, 7:47 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all, NO one ever has a RIGHT to inherit. If someone writes a will and gives away property before death, that's fine, and is done all the time.

However, if your mother truly had dementia when the gift happened, there MAY be an issue as to whether she had capacity to make that gift. Such a case will be very expensive to pursue even if the facts support it, and you will need a lawyer and medical evidence. If the property is not worth much, the thousands or tens of thousands you will spend on a legal battle with not be worth it. If the assets are worth over let's say about $20,000, retain a lawyer immediately. Bear in mind cases like this will destroy families so think hard before pursuing it.

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Answered on 7/09/14, 8:00 pm


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