Legal Question in Wills and Trusts in Georgia

Probating Will in Georgia

My Mother-in-law passed away in March 2008. Her last will in 2005 included a paragraph acknowledging, by name, one of her two sons stating she intentionally did not leave him anything as her husband and she had provided for him during their lives and did not desire to leave anything else to him. Her other son is named executor and only other child. As usual, he also is the one handling all her affairs since 2003. Will the son omitted have to be provided a copy of the will and his signature of agreement obtained in order to proceed with probate? If so, can this be sent registered mail? Is there a time limit for him to sign and return the form? What if he refuses to sign? Even though he is not in the will he will receive a percentage of an annuity his Mother held that is not included in the estate, as well as an insurance policy his Mother had been paying on him (she was beneficiary) for many years.


Asked on 4/07/08, 6:16 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Probating Will in Georgia

He must acknowledge service or be served. The executor definitely should be doing everything with a lawyer.

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Answered on 4/07/08, 9:06 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Probating Will in Georgia

The omitted son does not have to sign anything, but should be served with a copy of the Petition to Probate. He does not have to be PROVIDED with a copy of the Will, but, as a matter of course, will get one since a copy is usually attached to the Petition. Pay the $25.00 and have the sheriff serve him. What he gets that is outside the Will is, well, what it is.

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Answered on 4/11/08, 4:52 pm


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