Legal Question in Wills and Trusts in Georgia

You do not provide relevant information and I am confused.

(1) When did your grandfather die? It is not relevant when he made his will, as long as the will is valid.

(2) When did your father die? Before or after your grandfather?

People say all kinds of things. What matters, when it comes to wills, is what is written. Your father was free to change his own will. Was an estate probated for your father? Where did your father reside? Research will not necessarily disclose whether there is a different will. The starting point is to check with the probate court in the county/state whre your father lived at the time of his death to see whether an estate was ever probated or not. If there is an estate, there will be a copy of the will there. Look at the date - was it before or after the statements regarding alleged changes were made? If before, what evidence, other than your father's comments, do you have to suggest that a more recent will existed? For example, his lawyer, if drafted by an attorney, might have had one. Or it might be in your father's residence. However, the fact that you are asking questions now, several years after your father's death, suggests that there is more to the story and if that is the case, you really need to sit down with a probate attorney.

3. You ask about cds. If an estate was probated for your father, there will be something called an inventory which is filed approximately 90-days after death. This will list any assets of the estate. The cds. if they exist, may be referenced there. However, this will not necessarily tell you about any changes. If you saw these cds, when? Do you recall any information about them, such as amount, date of maturity or the bank holding the cds? If you know the name of the bank, you could perhaps see if the bank will disclose when the cd was set to mature and when the cd was cashed in if that occurred. If your grandmother had a valid power of attorney for your father and he was ill, it may be that he required use of the funds. He, or his agent under a valid power of attorney, was free to cash in the cds if required.

3. You indicate your received an acknowledgement and waiver. With regard to what? Your father's estate? Your grandfather's estate? Any attorney would need to review the entire document.

4. You ask what rights you have as an heir. Again, I do not know the order of death, if both your grandfather and father had wills or any of the relevant circumstances. If grandfather died before father and grandfather had a will, assets will pass as per his will to the named beneficiary. If your father awas among the named beneficiaries, as long as he met the required survival period and died after your grandfather, then your father's share of your grandfather's estate will pass to your father's beneficiaries if he had a will or under the intestacy law if there was no will. You do not indicate whether your father had a will. If he did not, then under intestacy, your mother will inherit 1/3rd and you and your siblings 2/3rd of your father's property.

If your father died before your grandfather, you need to see what the grandfather's will stated as to what would happen if a beneficiary pre-deceased him. Some wills provide expressly that the children of the deceased parent will inherit the parten's share. Other wills provide that if a child pre-deceases the parent, then that child's share goes to the child's other siblings. That may not be fair but that wwould be a choice for your grandfather.

If your grandfather had no will and your father died before your grandfather, then most states have what are called anti-lapse statutes and provide that if the parent dies, then the children will inherit the share of the deceased parent.

You do not indicate what is in the estate and how much, if anything, you would stand to inherit or whether there are any other children (siblings of your father). You also do not indicate what assets are in the estate for your father and grandfather and how they were titled. There may be more than just the cds,

Since so much is unknown, you need to sit down with a probate attorney in the county/state where your father and grandfather resided. Let the attorney review the wills and advise you of your rights.