Legal Question in Wills and Trusts in Georgia

I am a german woman who lives in the us. My father passed away in april 2011. In february 2012, i was told that he passed away. He had a will. The will always signed to me. The will was changed by his sister while he was in the hospital. Knowing what he had, I dont think he was mentally stable to change his will. Anyhow, the will was changed and he signed it. I received documentation from the german government stating how much he had. I responded to that in writing to accept what was coming. The german government wrote back stating that I do not get anything and everything goes to his sister. Is that true?


Asked on 4/05/12, 4:17 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

It appears you are asking Georgia lawyers about German law and events that happened in Germany. You won't likely find lawyers here who can answer your questions (and obviously no one here has the documents).

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Answered on 4/05/12, 4:20 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No Georgia lawyer is likely to be able to answer questions about German law. Presumanly you have counsel in Germany who has seen the will, and you should call him or her.

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Answered on 4/05/12, 5:11 pm

Although you indicate that you are German and live in the US the relevant question is where did your father live at the time of his death? It appears that he lived in Germany from your post. If that is the case, nobody here can opine on German law. You should see a German probate lawyer for that. You are either going to have to repost under International law or actually hire a German probate lawyer in whatever town your father resided in if he lived in Germany and let that lawyer review the old and new wills and give you advice.

The general rule in America is that when a person makes a will, it can be changed at any time up until the moment of death. I assume that the old will did state that you were to inherit things, but there is no right of children to inherit from their parents. If a falling out or estarangement occurred, your father had every right to change his will provided that he had sufficient testamentary capacity (the bar is set very low for this - at a minimum, the testator only needed to have known what he owned and who would be his heirs) and be mentally competent and free of undue influence of another person and not on medications which would have affected his ability to know and understand.

You don't relate the circumstances of the hospitalization or why you believe he was mentally incompetent. Have you talked to the nurses and doctors who oversaw his care? If you were here, what makes you suspcious? You did not even know that he had passed until later so how would you know that your father was not mentally competent?

The mere fact that your father was in the hospital tells me nothing about his situation - he could have been mentally competent and alert despite whatever medical ailment required hospitalization or he could have been brain dead and on life support. However, if he was mentally incompetent at the time the will was changed, and this would habve to be proved by medical evidence, then the will could be challenged.

Unfortunately, I have no idea what German law provides in this regard - it may be similar to basic US law or not. There may be time limits for challenging a will. You will not know until you speak with a German probate lawyer and I would urge you to get one rather than waste time here looking for help.

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Answered on 4/05/12, 7:45 pm


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