Legal Question in Wills and Trusts in Georgia

My father passed away a couple of months ago my brother, an attorney, is executor of the estate according to the will. The original will cannot be located. I have received an affidavit to sign swearing that the copy of the will that we have is accurate and that my father did not intend to "revoke his will or alter his tetamentary disposition." This simply is not true. What now?


Asked on 7/12/12, 11:50 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all, your brother is not executor until a court approves it.

You refuse to sign, retain a lawyer, and file appropriate paperwork. And you do it quickly, before deadlines to file expire.

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Answered on 7/12/12, 4:30 pm

I assume from your post that the original is lost and that only a copy of the will is being submitted. You say that you are asked to sign a paper indicating that the will is accurate and that the paper is incorrect.

First, how do you know that it is not correct? Did your father tell you that he revised his earlier will or did you see either a new will or your father destroy the old will? What, if anything, does the copy of the will give you to you and is it more or less than you would receive in intestacy?

Also what kind of probate assets does your father have? What about any non-probate assets? Who gets those if any?

I agree with Attorney Ashman that you need to immediately see a probate litigation attorney. However, litigation is very expensive so you have to decide if you will be better off inheriting under the copy of the will or under the intestacy laws. You also have to see what it will cost to refuse to sign and proceed with a caveat.

You need to make the probate attorney of why you think the copy is invalid and present the attorney with any evidence to justify your belief.

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Answered on 7/12/12, 5:49 pm


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