Legal Question in Wills and Trusts in Georgia

Grounds for a lawsuit

My wife left a Will. Her estate was probated with no contest. All assets were disbursed accordingly several months ago-the only heir aside from myself being her daughter. Her daughter is now threatening legal action if I don't give her additional assets. Is her daughter within her legal rights to contest or are grounds necessary for a lawsuit?


Asked on 12/08/02, 3:25 pm

1 Answer from Attorneys

Hugh Wood Wood & Meredith

Re: Grounds for a lawsuit

If the daughter received notice and did not file a caveat and the estate is closed (you wrote: Her estate was probated with no contest.), then it may be that all her claims are LEGALLY BARRED. However, it would take a review of the file to know. If her claims are, in fact, barred then ignore her. She had to object during the probate administration or lose her right to object. Now if you were the Adminsitrator and or Executor, you may be in possession of 100% of the assets and have not transferred to her enought assets. That is a different issue. That would be her suit against you on your fiduciary duties. So, not enought facts to say. But, my feeling is the daughter is out of luck or close to out of luck. HCW

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Answered on 12/08/02, 3:52 pm


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