Legal Question in Wills and Trusts in Georgia
Confused/ frustrated daughter
My dad left a will that has been pobated. The will was notorized and witnessed. My stepmom file apetition to have the will set aside. The Probate court denied her 1st request because it was not filed timely. She then filed a second request stating that it was a forgery among other ridiculous things. That petition was just denied after 10 months of waithing. She has also filed for widows years support. In that request she asked for the things my dad willed to us. We now have to go to mediation for the petition for support.
I am so frustrated. My dad has been dead a year now. She was married to him for seven years. The main thing she wants is the house that was left to us. This was a home purchased by my dad and my mom many years ago. My mom died 12 years ago. My dad never changed the property and it is still deeded in both their names.
My step mom recieved 20,000from bank account 25,000. form insurance and appr 40000. from ira. Prior to my dads illness the were discussing divorce. I am not sure what she rightfully deserves. My bother and I are the executives of the will.
1 Answer from Attorneys
Re: Confused/ frustrated daughter
If your father wanted you to get things, your father messed up in estate planning.
Year's support comes ahead of a will so if he wanted you to receive the home he should have deeded it or placed it in trust to get it out of the estate.
If you don't already have a good estate lawyer, get one. That may help you minimize the year's support.
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