Legal Question in Wills and Trusts in Georgia

Rights of Shared Heir Post Probate

The probate process re: my husband's Estate transpired one year ago - no contest. The other heir involved - my stepson. I inherited the brunt of said estate. Now, one year later my stepson is threatening legal action against the Estate if I don't give him additional $$$. Does he have any further rights? If so, do I have the right to countersue for punitive damages or any other reason?


Asked on 7/13/02, 10:59 pm

1 Answer from Attorneys
Christopher Ballar Christopher A. Ballar PC

Re: Rights of Shared Heir Post Probate

If the probate process was done properly and the step son was a legal heir who received proper notice his time may be up to contest the will. Normally heirs of an estate have 10 days to file an objection once they have been served. However, other factors such as fraud, or improper service can extend the step son's time to file a caveat. If he could file a caveat you could consider a years support petition.

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Answered on 7/19/02, 4:55 pm


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