Legal Question in Wills and Trusts in Georgia

Re: Wills and Executors

Not true. The entire point of a Will is to express the desire of the testator (its author) in dispensing property at the time of his or her death. No one else can impose their will on another's plan or intentions. Whatever is in that will, presuming it was executed properly, that the testator has the requisite mental state at the time it was executed, and that it was his last will (the most recently executed), it will stand. Your remarks about stroke and dementia are not conclusive as to whether he has the ability to understand his property, the persons who would receive his property if he died without a will, and the plan embodied in his will (either the existing will, or perhaps a subsequent one). The executor has no powers until the will is probated - has no role in editing or modifying the will in any way. The testator, if he is of sufficiently sound mind - may be able to execute a codicil to the existing will to modify it. All of these questions require a great deal more information. Contact a Georgia licensed attorney.

Re: Wills and Executors

Executors have no authority to change a will.