Legal Question in Wills and Trusts in Georgia

If an elderly woman�s daughter dies "intestate" and there was a hand written will, although not notarized due to the complexity and sudden threat of the deceased. Do to the fact that the elderly woman cannot read and comprehend legal documents, therefore signed major documents to sell the business, name a CEO,CFO, and CFO of the company of the deceased in exchange for the newly so called CEO to pay for the burial since the elderly woman could not afford such an expense. This was all done without knowing what she had done. I would like to file a lawsuit towards the lawyers involved and the Judge involved in this case. Someone that cannot read and comprehend these things should be protected by law. What should I do?


Asked on 5/02/11, 5:45 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

There is no way to make sense of your post, and you don't even tell us your relationship to the people you mention. If the people involved have issues, they can see a lawyer. They probably should not start with comments like how they are going to sue the judges and lawyer, since 99% of the time that is a good indicate that there is no real claim on the actual merits and/or the would-be clients are going to be difficult because they won't focus on the facts and true issues.

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Answered on 5/02/11, 6:02 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your post makes no sense, and since you seem to be unaware that (1) handwritten wills are valid in Georgia (if worded properly), (2) wills are NOT required to be notarized (although it simplifies probate), and (3) judges generally are protected from suit by judicial immunity, and you give no facts (including how you happen to be involved with this woman), you'll obviously receive no answer. Attorneys will all run from anyone who starts with "I want to sue the judge."

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Answered on 5/02/11, 6:07 pm

You combine a lot of information. First, did the woman's daughter reside in Georgia? Most states will allow handwritten wills, They do not have to be notarized or even witnessed, but they do have to be entirely in the handwriting of the person who made the will. However, Georgia does not seem to recognize holographic wills as valid.

This means that whatever the daughter wrote is not given any effect and it is as if she died without a will. Since the mother was alive (was the woman married and did she have a living spouse? Any children?) the mother may well have inherited the daughter's possessions.

You do not explain why a business was sold? Was it the daughter's who died? If the daughter was wealthy enough to have a business, then she should have gotten a proper will. That said, I question how an illiterate woman could have signed contracts. Presumably, she knew that she was literacy challenged and would have had these documents explained while someone who could read was there.

What was the business worth? Your post seems to suggest that evil greedy corporate bastards took advantage of a woman who could not read by selling a business worth infinitely more than the daughter's burial expenses. Maybe so, but then the woman would need to get a lawyer and see if the contract can be undone. That said, a lawsuit against the lawyers and judges will go nowhere. You have not alleged any wrongdoing by the judges and lawyers. Judges are like referees in a football game - they are there to enforce the basic roads, but they are not there to take sides. You do not explain why lawyers and judges were involved either. If so, I would question whether there was as much unfairness as you claim. While there is much injustice perpetrated every day in courts all across the country, you just do not give any facts from which that comclusion can be made.

You also do not indicate how you are involved. What gives you the authority to act on the elderly woman's behalf? Unless you have a power of attorney or are her guardian, you can do nothing for her.

Even if you can overcome this hurdle and can prove that misconduct of some type was perpetrated here, judges and lawyers protect each other and greedy corporate bastards (who help elect judges and have lots of money to pay lawyers). Just what result are you expecting even if you found someone to take the case? Its not going to happen, especially not on a contingency basis.

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Answered on 5/02/11, 7:19 pm


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