Legal Question in Wills and Trusts in Georgia
protesting will
My Mother passed away in Septmeber of this year. She has 3 grownchildren by a first marriage. The man she married has grown children by his first marriage, no children together. My Mothers will states that her home which was in her name and car which was in her name, was to be left to her biological children. The will says that her husband may live in the home for the rest of his life, but must maintain the home to the standard that she had. And that his family or anyone else, could not move in with him, unless it is a caretaker. The will says that all money in joint accounts would go to her husband. There was 58,000
dollars. The will has been probated
and now he is protesting the will,
He wants her home and her car, which is the only thing she had to leave to her children. Her husband is in very bad health, and could die anytime. His grown children have told him that the home and car should go to him. Which means when he dies, his children get everything including my Mothers home and her car. The husband has already given his home and acerage to his children several years ago. He has the $58,000 dollars,plus several checks coming in as income. Can he legally do this?
1 Answer from Attorneys
Re: protesting will
The joint bank account is already his and has nothing to do with your will. Certainly your lawyer has explained that to you (and since you are ina contested probate you obviously would have immediately gotten a lawyer).
It sounds as if he elected to seek years support in addition to or in lieu of the will, and what happens with that will depend on facts you did not post. Again, these are questions you need to direct to your lawyer. There are very short time periods to respond, and I am sure he's discussed those with you.
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