Legal Question in Wills and Trusts in Georgia
making probate judge rule
two wills are presented to probate judge with estate attorney present.
one dated 2004,one dated 2006 which I excutor of both knew nothing about the 2006 will. It was presented by step brother and read in her office among all people being named in the will except me.
2006 will is invalid to attorney and says that we cannot probate a invalid will,however he did file the will and ask that the 2004 will be probated. The judge will not allow a hearing nor will she tell him why she will not rule on what needs to be done. I thought only a exuctor could offer a will to the Judge and never heard of a reading in a Judges office.The 2006 has lots and lots of questions about vadility
The 2004 will however can be proved by the attorney who drew it up.What steps need to be taken to make a probate judge at least give you a hearing.
1 Answer from Attorneys
Re: making probate judge rule
You can not "make" a judge do anything. The most effective way to get a judge to rule in your favor is to prove to him (by thorough legal research and effective application of legal precedent) that the law favors your facts. This takes skill, creativity, and knowlege obtained through attending law school and working as a lawyer.
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