Legal Question in Wills and Trusts in Georgia

My mother left her Will with specific instructions...there was NO mention of the man she was married to! She passed away in June of 2009, however the Executer (brother), has not dispersed the items clearly stated to their designated locations, but he has however ADDED her husband as an Heir and wants everyone to sign off on this Acknowledgment of Service and Assent to Probate Instanter. Is this legal, and does her husband have any legal rights to her property or considered an Heir. They were married 12 years.


Asked on 4/24/10, 11:32 am

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

The executor is supposed to EXACTLY carry out the terms of the Will. He does not have authority to change the terms. If you are an heir, you have standing to challenge his actions in the Probate Court. Consult with a local attorney.

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Answered on 4/29/10, 12:22 pm


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