Legal Question in Wills and Trusts in Georgia

I have a handwritten will, can I use it ?

I have a handwritten, sighed, dated, but not wittessed will my friend gave me to keep several years ago. It was written in 1992, he passed away suddenly in March of this year. Georgia will not accept because it is not wittessed. He has 3 sons, ages 37 to 41, with whom he had had no contact with whatsoever in from 10 to 20 years.By Georgia law, his Estate now goes to them. In the will I have, he leaves each of his sons $1.00 and states this is payment in full.

Is there any way I can use this will I have, perhaps to sue the sons in civil court or whatever, to get the 50% that he wanted me to have? Please e-mail a reply. Thank you very much. (Time is of the essense.)


Asked on 9/09/00, 1:19 am

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: I have a handwritten will, can I use it ?

Sorry; without the witnesses, it does not qualify as a will. Depending on the facts, maybe you can establish that your friend actually made a gift of some of his property to you while he was still alive.

Charles W. Field

Attorney at Law

1009 Industrial Court, Ste. A

Suwanee, GA 30024

[email protected]

http://www.mindspring.com/~cwfield/

(770) 987-6151

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Answered on 10/11/00, 4:29 pm


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