Legal Question in Wills and Trusts in Georgia

My grandfather recently passed. His son and stepdaughter are considered co-executors of the will and his son has power of attorney. My grandfather drafted a will almost 2 years ago that both executors signed, however about 3 months ago his stepdaughter had a new will drafted by a different attorney for my grandfather. His son had no knowledge of the new will and there is reason to believe that my grandfather was coerced into creating this new will. Is this new will legal, especially since he was diagnosed with dementia in April 2010?


Asked on 8/14/11, 8:11 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all, if someone dies there is NO power of attorney. That dies with the person. You then say there is a will that two executors signed, and that would not be proper as executors do not sign wills.

As for whether a person with dementia can make a will, that's a maybe yes and maybe no. It depends on the degree of dementia.

If you suspect there are problems with it, see a lawyer.

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Answered on 8/14/11, 11:42 am

No one can make a will for another person. And if your grandfather had dementia, then it would have been unethical for an attorney to draft a new will. However, in the attorney's defense, perhaps your grandfather seemed lucid on that day and the attorney did not know.

Either way, you will need to see a probate litigation attorney immediately. The new will may have revoked the old will, and if it is invalidated, then it will be as if your grandfather died without a will. In such case, whoever would be the beneficiaries under the state intestacy laws would inherit.

And why would the executors sign a will? Were they witnesses to the will? If so, then they could not inherit under the will.

Please - take the wills to a probate litigation attorney in the county/state where your grandfather lived at the time of his death or where he owned real property if this was a nursing home. The new will does not sound valid, but much will depend on who will benefit and what assets are in your grandfather's estate.

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Answered on 8/15/11, 1:27 pm


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