Legal Question in Wills and Trusts in Georgia
Contesting a Will
My mother was killed in an automobile accident in 10/00. In her will, she did not include me or my deceased sister's children. She and I owned a piece of property next door to my house. When the land was purchased by my father and me, it was verbally agreed that I would have road frontage to get to my property whenever he died.
After my father's death, I had purchased 1 1/4 acres from my mother (which was to be my brother's), but I was not given a deed. In a previous will, I was to have 1 1/4 acres in addition to the 1 1/4 acres I purchased. My sister took my mother in October 1999 to have her will changed. In it my sister was left everything except access through my mother's property for my brother (whose part 1 1/4 acres I had purchased from my mother). My deceased sister had already given me her part, but I have no deed to prove it wither. All I have for my brother's part is the cancelled check. All I have to prove my deceased sister gave me her part is her children's word.
Now my sister is wanting me to buy my mother's five acres and the house for $62500. I have already paid for my brother's 1 1/4 acres once. If I don't buy this property, my back five acres will be landlocked.
Can I contest?
1 Answer from Attorneys
Re: Contesting a Will
You will need a real property lawyer to sort this stuff out and to force the rest of your remaining family to comply. There are 2 things in your question you should focus on (but in a fight it may take a lawsuit to enforce them). 1) no land in Georgia may be forever landlocked. Even if for some reason you have to part with the land that gives you access, a superior Court will be required to grant you an easement of necessity across the adjoining land. 2) the cancelled check is the ONLY writing showing your ownership. You need to convert it into a deed to be filed or a court order recognizing your ownership. Your really need a lawyer. If you need some more direction, email me. Sincerely, HCW
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