Legal Question in Wills and Trusts in Georgia

A life insurance policy is different than a will. This is a non-probate asset if there is a named designated beneficiary. So even if there was shenanigans with the will, this would not alter the beneificary designation on the life insurance policy.

Unfortunately, there is no insurance policy registration that I am aware of. So you would have to know the name of the insurer and then see if you are named as a beneficiary so you can submit a claim.

If your father was ill, there may be a chance that he cashed in the life insurance or sold it to a viatical company if he needed the cash.

If the will was probated there will be a copy filed with the court. Just contact the clerk of the probate court in the county/state that your father lived in at the time of his death. I would not delay; the time to contest a will is short. If no estate was probated, then go and see a probate lawyer who practices in the county where an estate would be pending. He can contact the ee-ville stepmother's attorney if need be and see what the will said.

There is no requirement that a parent leave anything to a child provided that your father was mentally competetent at the time he made the will and was free of any undue influence. Things to look for are when was the will made? Did a lawyer draft it and is the lawyer's name on it? If so, who was the attorney? Someone independent or the wife's brother? Was the will made at a time when your father was ill? Was he completely dependent on stepmother? Did she keep your father isolated from his children or other family members? What evidence do you have either of mental incompetency or undue influence? That is a reason for consulting with an attorney. You need to see what a will caveat would cost and whether there are probate assets in the estate that make a caveat worthwhile. Caveats are not cheap and it makes no sense to spend $30,000 on a lawyer if you are only going to recover $10,000 at the end of the day. Even if you succeed, then the will made by your father will be tossed out and your stepmother would still inherit 1/3rd of your father's property and you and your siblings would inherit the rest. However, this onl applies to probate property. Many things are non-probate assets - in addition to life insurance, examples would be pension/retirement, jointly held bank accounts or jointl owned real property with a right of survivorship.