Legal Question in Wills and Trusts in Georgia

Who receives a copy of the will? A husband dies and leaves his entire estate to his wife. As stated in the will, should his wife precede him in death, he leaves his money to others, but mentions his daughter in the will as not receiving anything. He dies before his wife. Will the daughter get a copy of the will?


Asked on 3/31/12, 9:21 am

2 Answers from Attorneys

When the will is probated (filed at the court), it becomes a matter of public record. Anyone can see it and the daughter can get a copy. However, the executor of the estate should provide a courtesy copy to the beneficiaries of the will.

Since the daughterr is not included, maybe that would not include her, but that is a sure-fire way to get the daughter mad and allow her to file a caveat. The personal representative cannot stop the daughter from filing a caveat (will challenge) if she has a mind to do so, but as she can get the information anyway, why not just give it to her? This is just my personal opinion - maybe probate lawyers would have another view. I realize that it can get costly to copy and mail the documents, but save the receipts - this will be an administrative expense of the estate. If the will was valid and the disinheritance clause properly drafted, she will not have any grounds to challenge the will and I think more good will come from disclosing the information than from clamming up about it.

If I were the personal representative, I would provide a copy to the beneficiaries as well as any family members who could bring a caveat (children or other potential heirs). Failing that, then the personal representative should hire an attorney to assist with probating an estate and discuss with the attorney as to whether any beneficiaries/heirs should receive a copy of the will.

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Answered on 3/31/12, 10:17 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

The daughter can see it when the will is filed with the court. So hiding it from her at death isn't smart, as Rachel mentions. I can't add much to her excellent answer.

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Answered on 3/31/12, 2:08 pm


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