Legal Question in Wills and Trusts in Georgia

Re: What constitutes a legal will?

The wife may have a document that constitutes a legal will - so long as it meets the statutory requirements. You will not know whether the document is valid until it is submitted for probate in the probate court for the county where your father resided. This is of public record. The wife is required to submit the document for probate and obtain testamentary letters from the court before she can change title to the home. If the document is not valid, then your father would have died intestate (without a will) and, of course, administering the estate becomes more complex. Georgia law would then control - ie. who will act as executor and who will receive your father's property and in what shares. I strongly advise consulting an estate attorney to advise you in more detail.

Re: What constitutes a legal will?

Lets look at a different question. You really want to know "Who owns the house?" not "what constistitues a legal will?" You do not mention a valid recognized will, so I will not discuss that option. If your father is found to have died intestate (w/o a will) there are a number of possible outcomes. OCGA Sec. 53-2-1 provides: When a decedent died without a will, the following rules shall determine such decedent's heirs: (1) Upon the death of an individual who is survived by a spouse but not by any child or other descendant, the spouse is the sole heir. If the decedent is also survived by any child or other descendant, the spouse shall share equally with the children, with the descendants of any deceased child taking that child's share,

per stirpes; provided, however, that the spouse's portion shall not be less than a one-third share;"

So, if no will, you may still end up sharing the "house" with the evil 2nd wife. Or, (worse for you), if she has a deed to the house prior to your father's death, then she will be found to own 100% of the house and you zero. Mere promises by your father to leave the house to you and your brothers and sisters is not binding -- it is a mere promise and is really nothing, legally. If you need assistance, we only litigate. Adam Gaslowitz law firm, President of the Probate Section, in downtown ATL should be able to assist you. His info is: Gaslowitz, Adam R. Adam R. Gaslowitz, Esquire Adam R. Gaslowitz & Associates Suite 2210 Marquis One Tower 245 Peachtree Center Ave., N.E. Atlanta, GA 30303 Bus: (404) 892-9797. Sincerely yours, Wood & Meredith, LLP Hugh Wood