Legal Question in Wills and Trusts in Georgia
my life partner passed away over a month ago, prior to passing we had a new deed created with joint tenants with survivorship and a will done. i was added to the property deed and left everything in the will. is there much concern if i probate the will with the surviving family to contest (out of anger) when his will clearly states what he wanted but was completed about 1-2 weeks before he passed? he owns nothing out right, so i was only debating to probate, for tax return purposes and maybe banking assistance, but he has no money in his only bank account either? i just dont want to waste over $200 if i dont need to ( i cant really afford it) and get into any further disagreement with his sisters.
2 Answers from Attorneys
There may be reasons not to probate the will, but it would be smart to sit down with a lawyer to be sure you choose the correct decision.
My condolences for your loss. You can be compelled to probate a will. If the family challenges, they must have grounds which are limited to (1) fraud/forgery, (2) lack of mental capacity, or (3) undue influence.
If the will was done by a lawyer and your partner was ill, but nonetheless not affected mentally, then the will should stand up.
It depends on the size of the estate. The house will go to you and does not go through probate. So what else is left? If there is not much, then the family may not want to bring a will challenge over $200. If all your partner has is $200, then you might be able to use the simplified procedure for small estates and you won't even need to go through full-blown probate.
You should consult with a probate attorney in the county/state where you and your partner lived to better advise you. The attorney may also be able to help with filing final tax returns or see a CPA for that.
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