Legal Question in Wills and Trusts in Georgia

To be able to challenge a will (and you CANNOT challenge it) your fiance would need to hire a lawyer and file a caveat.

Bear in mind that a testator is free to change their mind, and Georgia allows adult children to be disinherited. To win, your fiance would havbe to prove either that her Alzheimer's was so advanced that she lacked testamentary capacity, or that undue influence was exerted. Both are hard to prove.

Your statement that the attorney who wrote the will said "she looked like she was out of it" is rather unbelievable, as you'd have a lawyer admitting to writing a will he should never have written, opening himself up to suit. But make sure your fiance tells your lawyer about that.

Will contests are very expensive, so unless the potential estate is large you have to weigh if the legal fees are worth it.

Note that if the new will is tossed that doesn't necessarily reinstate the old will (but it might). She could have capacity enough to revoke a will but not to rewrite one. It is also possible that you'll simply create an intestate estate.

Make sure you fiance gets counsel.

I agree with Attorney Ashman. I write only to note that if the will is somehow tossed out because of a successful caveat, then the grandmother would be considered to have died without a will and all of her property would then pass to her surviving husband (if any) and child, your fiance's father. So there is a chance that a will caveat would not accomplish what you seek.

While your fiance would be the one to file a caveat, in his circumstances, he will definitely not be able to hire a lawyer and probabnly does not even have the funds to do so. However, he could make you the agent under a power of attorney. If he does this, it would allow you to hire an attorney and bring an action on behalf of your fiance.

I don't know why you have waited until now to do something. Lawyers do not work that quickly and you need to get a power of attorney before you can do anything.

As an aside, while you state that your fiance is awaiting trial, if your fiance's father says that he does not know if your fiance will ever get out of jail, what makes him think that? EIther your fiance is charged with a very serious crime (rape, robbery, arson, murder or some variation), drug violation or a violation of a statute which carries a lengthy mandatory minimum sentence or a 3-strikes type of law. Any sentence also will depend on your fiance's prior criminal history and any aggravating or mitigating circumstances.

I would think that in your fiance's circumstances, he needs to focus on his criminal issues rather than on any potential inheritance.

If the grandmother truly wanted to provide for her grandson and her great-grandchildren, she would have created a trust and had a trustee see to it that everyone had access to the funds.

The other issue raised by your post suggests that you and your fiance are not married and had children out of wedlock. While I personally do not care and pass no judgments, the state of Georgia takes a dim view of this. Did your fiance ever legitimate the children? If not, then they may be precluded from inheriting anything from your fiance if something happens to him before your marriage.