Legal Question in Wills and Trusts in Georgia
Will contest
My father was diagnosed in November of 2002 with terminal lung cancer. My father changed his will in December of 2002 leaving everything to his wife and making her daughter the Executrix of the his estate. My father has three flesh and blood children - one daughter and two sons. Do I have a legal right to contest his will? I believe that my father was not of sound mind and body when this occurred. What is my recourse and if not can I sue my step-mother for my father's estate?
1 Answer from Attorneys
Re: Will contest
Is your father still alive? The case for trying to defeat a will based on "unsound mind" or "undue influence" is very difficult. With very few exceptions, we are allowed to dispose of properties at death based purely on our own desire or whims at the time a will is created. Unless there is some exceptional circumstance you don't mention, it is better to save your money on what would likely be a hopeless will contest. The one caveat though - if you did get an attorney involved - it is possible the estate would settle with you for some modest consideration even though you chances in court would be slim (nuisance value).
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
