Legal Question in Wills and Trusts in Georgia
Valid or invalid meeting the state burden for a legal will
Case in point great grandmother re-wrote will after the death of one of her two surviving sons. The two children of the dead son object to the new will. She was 94 years old and both wittnesses as well as the attorney who prepared the will spoke with her alone the day it was exicuted and swore under oath at the probate hearing she was sound mind.
Dead sons children claim she was crazy but can not nor did produce wittness to attest to that the day the will was executed. Is this will in the eyes of the state valid? Probate judge denied will as invaild. What can be done?
2 Answers from Attorneys
Re: Valid or invalid meeting the state burden for a legal will
Based on what you wrote, it would seem the will is and will be found to be valid.
Re: Valid or invalid meeting the state burden for a legal will
Do I understand you correctly, that the Probate Judge has held a hearing and has refused to admit the will to probate? If so, as of this moment, in the eyes of the State, the will is invalid. The Probate Judge is the State. Your only option is to appeal the decision within the time allowed by law to the Superior Court of the particular county involved.
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