Legal Question in Wills and Trusts in Georgia
My father deeded his property to my sister weeks before he died but he had written a will over a year ago leaving the property to me and my brothers. The attorney did not include a codicil and my sister decieved my sick father in order to get him to deed her the property. How can I get my fathers wishes in the will followed and have the property come back to my brothers and I?
2 Answers from Attorneys
There is no right to inherit, so when a person deeds property also listed in a will, there is nothing left to inherit as he already transfered it.
When you say "deceived" him, unless you can show that he was of unsound mind, a very difficult thing to show, the deed will be valid. Such challenges require legal counsel and generally at a minimum many thousands of dollars in fees. You will need strong evidence of unfitness to make this argument. Bear in mind the argument could bite you, because if he was unfit to do a deed now, it may be argued that he was unfit when he did the will, since that also was recent.
You will have to prove (i.e., bring PROOF) in court that she deceived or coerced him. Consult with a local attorney.
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