Legal Question in Wills and Trusts in Georgia
How to contest a will
Senario: A Grandmother, age 93, dies. She has 3 children, but only one is living (the Aunt). Despite the fact that there are grandchildren from all 3 children, the Aunt, who was her primary care giver, inherits the entire estate. 12 years later, the Aunt dies and the estate is left to her children. However, upon the Aunts death, the court serves all of the Grandmother's heirs with a copy of the Grandmother's will and a copy of the Aunts will, stating that the Grandmother's will was not closed. (A previous version of the Grandmother's will leaves other grandchildren property.) Some of the heirs now file an objection to the probate of the Grandmother's will.
Question: Its time to go to court. What is our best case to have the court dispurse what is left of the Grandmother's estate equally to the rest of the heirs?
3 Answers from Attorneys
Re: How to contest a will
Already answered this question
Re: How to contest a will
A complex question for a small paragraph! In your 1st sentence, you state that the Aunt "inheirits the estate." Does this mean that Grandma's (Gm) most recent will left 100% of estat to that Aunt? If so, then the Aunt and her children will ultimately win with regard to the ownership of the estate, if that will is valid.
Auntie was either not a good executor or did not want to close the estate. Apparently, there is a prior will leaving the property 1/3, 1/3 and 1/3. You are a child of one of the disinheirited 1/3's and want to know, now, what is the best way to get part of the original estate. Well, probably, you will lose (given the lapse of the 12 years). But, the best shot would be to prove that the will under which Antie was operating is NO WILL. That the main will is VOID, due to defects. Then the backup will, the one that leaves 1/3 to your parent, MAY be probated. If and in that case, you would be entitled to your % of your parents part of that 1/3. Even if you win, you are going to have a difficult time "tracing" the proceeds of the original estate through Auntie's hands, (wasted over the 12 years) and then down to your deceased parent, 1/3, 1/3, 1/3. Hugh Wood
Re: How to contest a will
you have to prove that the new will is invalid or was the result of your GM being coerced or that she signed without knowing the contents and that she didn't sign voluntarily, or that she didn't sign the will. My Telephone # is 208-345-3817
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