Legal Question in Wills and Trusts in Georgia

Re: Daughters of deceased

While the document you discovered may have been titled "Will" or whatever, it still needs to be examined by an attorney to see if it meets the legal standards to qualify as such. Even if it does not, you and your sister may have rights to your mother's estate under other theories of law.

If you would like to pursue this matter further, feel free to call. There is no way to give you conclusive advice in this type of forum.

Re: Daughters of deceased

It depends on whether the document is a valid will. One could not determine that without examining it. In Georgia, two witnesses are required on a will - not a notary. I presume your mother did not execute this document as she was dying since it was two years before her death. The notary is required on an affidavit used to "self prove" the will.

Re: Daughters of deceased

Georgia Law provides as follows:

53-4-20 G

*** CODE SECTION *** 12/03/01

53-4-20.

(a) A will shall be in writing and shall be signed by the testator or by some other individual in the testator's presence and at the

testator's express direction. A testator may sign by mark or by any name that is intended to authenticate the instrument as the testator's will.

(b) A will shall be attested and subscribed in the presence of the testator by two or more competent witnesses. A witness to a will may attest by mark. Another individual may not subscribe the name of a witness, even in that witness's presence and at that witness's

direction.

As long as the will is in writing, signed by the testatrix (your mother) in the presence of at least two witnesses, you very well may have a valid will. The notary is important only if your mother also prepared a "self-proving affadavit". This form makes it unnecessary for the original witnesses to be present to probate the will. The affadavit looks something like this:

STATE OF GEORGIA

COUNTY of ___________

Before me, the undersigned authority, on this day personally appeared _______________________, ___________________, and _______________________, known to me to be the testator and the witnesses, respectively, whose names are subscribed to the annexed or foregoing instrument in their respective capacities, and all of said individuals being by me duly sworn, _______________________, testator, declared to me and to the witnesses in my presence that said instrument is the last will and testament or a codicil to the last will and testament of the testator and that the testator had willingly made and executed it as a free act and deed for the

purposes expressed therein. The witnesses, each on oath, stated to me in the presence and hearing of the testator that the testator had declared to them that the instrument is the testator's last will and testament or a codicil to the testator's

last will and testament and that the testator executed the instrument as such and wished each of them to sign it as a witness; and under oath each witness stated further that the witness had signed the same as witness in the presence of the

testator and at the testator's request; that the testator was 14 years of age or over and of sound mind; and that each of the witnesses was then at least 14 years of age.

______________________

Testator

_______________________

Witness

_______________________

Witness

Sworn to and subscribed before me by _______________________, testator, and sworn to and subscribed before me by ____________________ and _______________________, witnesses, this ______ day of ______________, ____.

(SEAL)

(Signed)______________________________

(Official Capacity of Officer)