Legal Question in Wills and Trusts in Georgia
challenging will
My father left a will that stated that he was not married, but in fact he is still legally married. He also stated that he adopted the person that he left everything to, but it was not a legal adoption. I am one of four of his natural children who is sincerely wanting to know whether we should challenge the will. His wife is behind the children 100%. Please advise on the best possible course of action.
2 Answers from Attorneys
Re: challenging will
Your course of action will depend entirely upon your father's circumstances at the time of the making of the will. Whether he had testamentary capacity, whether someone exerted undue influence upon him, etc. This is a very fact sensitive area and depends upon what actually happened.
Re: challenging will
This a complicated question. Your situation demands that you contact a local attorney to investigate. The first question is whether the will (which, I am presuming from your question, it did) pre-dated the marriage. If it did, did it make provision for his future marriage.
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