Legal Question in Wills and Trusts in Georgia

My stepfather passed in November, the only father I've known since I was nine years old. He was married to my Mother for forty years. My Mother worked on a job for 39 years and everything they had they acumulateded together.She passed in 2006. It turned out his will was not legal because he had only one witness, but had include me in the will and named his child, alone with my brother who is also a stepchild (raised him since he was four years of age) and his Daughter who is his blood heir. He had given us all equal shares. My Brother and I was also named his children in the obituary. My stepfather also had another daughter who passed back in 1992, and has three children that are heirs. My sister is petitioning for letters of adminstration, and say that she is listing our names as heirs in probate, but the grandchildren may object. Would it be any help to me to obtain a probate lawyer for heir benifits.

Asked on 3/31/10, 6:15 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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If you are a stepchild, you are not an heir unless he adopted you or left you property in a validly witnessed will. Unless you have left out any facts, you're out of luck. You don't become a child just by actions. He had to do an adoption or a will or both to make you an heir. So unless all the other heirs agree to share their inheritance with you, I don't see where a lawyer could help (unless you omitted any legal details).

Answered on 4/05/10, 6:49 am

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