Legal Question in Family Law in Georgia
My brother died and according to his will, left his possessions to his spouse; his ex-wife was the executor, but since they were divorced, her attorney said the role of executor goes to me since I was named second; but, when he died, they were divorced. So, do his possessions now go to his kids?
2 Answers from Attorneys
Without reading the will, which has the answer in it, there is no way for anyone to answer you.
You need to sit down with an attorney. If the Will was made while the parties were married and then divorced, it may be void depending on the language. In that case it doesn't matter who is named executor as you would need to file as the Administrator. You need to have the Will reviewed by an attorney before you waste money by filing the wrong petition.
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