Legal Question in Wills and Trusts in Georgia
contesting my grandmother's will
My grandmother recently died and had changed her will in October of 2001 to read that everything she had was to be left to me. I have lived with my grandmother since November of 1999, as she was unable to live alone and did not want to go into a nursing home. She has said for the past 15 or 20 years that whoever took care of her in her last days would get her home. I administered dialysis exchanges to her daily, completely took care of her, as she was no longer able to walk or even sit up in a sitting position without assistance. She was by all means still very mentally alert, more than me at times, lol, and everyone commented about that fact often. Now my mother, her only child, is contesting the will. Do you think that it could be broken?
3 Answers from Attorneys
Re: contesting my grandmother's will
Based on what you wrote, you should win and your mother should lose. Sorry, Mom. Now, for mom to win she will have to show that: 1) grandmom was not sui juris (loco) at the time she made the will in November of 2001 or, 2) you required your Grandmother to complete a new will based on "duress" or "undue influence." This #2 is HARD to prove. So, unless there is good, concrete evidence you forced GM to make a new will in your favor, you win. Mom loses. Sorry, mom. Deal with it. HCW
Re: contesting my grandmother's will
Assuming the facts you have recited are correct, I think you are on solid ground.
Re: Contesting my grandmother's will
Agree with the other responses, that your mother has a weak case based on the facts you recite. However, sometimes the motivation for bringing a will contest is not necessarily to "win" but to seek a settlement (some monies) from the estate to resolve the "potential" claim (as weak as it may be) so as not to put the estate to the undue expense of litigation. Personally, I find this practice less than honorable, but it goes on all the time and not just in the estate setting. You did not say who was named as the executor of the estate in the Will - if it is you - you will make the decision about whether to litigate your mother's claim in court or settle it.
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