Legal Question in Wills and Trusts in Georgia
2 wills
mother dies leaves 2 wills,one dated 2004 one dated 2006. the 2006 is full of errors,and she gives away property she does not own, does not even know her grandchildrends names.went to have will probated and since I am adm of both wills,I chose to have the 2004 probated because I have witnesses who claim this is her true will. Now the judge will not probate that will only the 2006 and it is not valid. I thought I was to submit the true and valid will I do not believe the 2006 will to be the true will. I am an only child. What choices do I have with this. My attorney is at lost with this.
4 Answers from Attorneys
Re: 2 wills
This shouldn't be all that difficult, although it may be time-consuming. You should have another attorney review BOTH wills. It is not your choice as to which will to submit for probate. It may be that the judge wants to see both wills, even though, from what you have stated, by the time of the 2006 will she may have experienced reduced mental capacity and that will could be disregarded on that ground.
Re: 2 wills
If the will has already been probated and is in the probate process and you have evidence that the will does not truly represent the testatrix's intent or was done under undue influence or done while incompetent then you may end up contesting the validity of the will and offering the prior will as the correct one. But your next move depends upon where the will is in the probate process. Get proper legal advice before proceeding
Re: 2 wills
More information is needed to determine your best course of action. You probably have options; however, they may involve more indepth measures and possibly litigation. I work in the greater metro Atlanta area, please do not hesitate to contact me in the event that you wish to discuss hiring an attorney to get your case moving.
Re: 2 wills
Unless the 2006 will is invalid on its face (and your attorney should be able to tell if it is) the 2006 will is the "true will" unless and until is is proved invalid for lack of capacity, undue influence, or some other ground which must be proved by independent evidence in a probate proceeding.
Like it or not, the 2006 will must at least be tendered to the probate court, and, if it is invalid, its invalidity must be proved in a proper proceeding.
It might be possible to amend the 2004 probate to acknowledge the existence of the 2006 will, and state that you do not believe it to be valid on whatever grounds you have. The probate court could then take action to determine the validity of the will. The probate judge or his/her law clerk might be willing to give some guidance on this.
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