Legal Question in Wills and Trusts in Georgia
is the will valid?
i and my deceased husband had a will before we got married.in it he stated that the property be divided amongst 3 people(myself,his friend and his cousin) and if he ever got married it would go to his wife and kids.he also appointed his cousin as an executor .now this cousin is taking me to court and trying to sell the place since my husband borrowed some money and had debts.is there anything i can do to stop it and take care of the debts myself?also i got married within a year of my husband dying.does it affect me of getting the property in my and my kids name?i was advised and filed a petition for a years support can i get it in my favor.also there is no original will with anyone there is a copy of the will can it be probated and can it be a valid will,since there is no original will and it was done before he got married to me.
3 Answers from Attorneys
Re: is the will valid?
It is impossible to give you reliable advice in this type of forum. You need to have a local attorney review the Will, any papers that have been filed in the Probate Court and all the circumstances.
Re: is the will valid?
The situation that you are in involves complex issues that cannot be dealt with in the scope of this forum.
Your best course of action will be to retain an attorney to act in the best interests of you and your children.
You should not discuss the details of the case with anyone until you have done so.
If you are near the metro Atlanta area my firm will be happy to consider accepting your case.
Re: is the will valid?
With the amount of money that may be involved (we can't tell), you need a lawyer in your area who specializes in handling estates. That person will be able to actually read the documents. Most towns and cities have several who specialize in the area of law and can probably give you a pretty quick opinion. That is almost always a much better option than a lawyer who claims to practice in many areas. Ask for names of lawyers from friends, or call the local Bar association.
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