Legal Question in Wills and Trusts in Georgia

I have a co worker who kind of have the same problem and he would like some information as well. HisGrandfather and mother raised him and his brother, his grandmother passed away 10 years ago, and left them a trust fund. his grandfather made a will, and has everything made out to the olderst brother which is no problem with the youngest brother. The boys father is in prison. The grandfather got remarried 11 months ago, and he just passed aways three weeks ago. the new wife was aware of the grandfather will, and left her with an account with money in it as well as a new vehicle. the wife came into the marriage with nothing, and stated she didn't want nothing, the lawyer told her she now owns everything. that the grandfather will is volid. The grandfather updated his will a few weeks before he got marriage. he was sound minded. please help.


Asked on 9/13/13, 12:33 pm

1 Answer from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP

The lawyer may be telling the wife that she is entitled to file a year's support petition, which could allow her to take whatever part of the estate she would need to support herself, regardless of what the will says. The fact that your grandfather left her provided for may give you a good basis to oppose this, whereas in most cases the petition is granted. You need to sit down with a probate attorney and the will and go over what your options are. Preferably a probate lawyer with litigation experience.

The answer to this questions is informational only, and it is not intended to be legal advise. Only an attorney who has met with you and gone over all of the specific facts of your case can give you legal advice upon which you should rely. Follow up questions are welcome via the email below, and our firm offers free consultations via phone or in person. We have convenient offices in Winder, Jefferson, and Gainesville Georgia, and you should feel free to contact our office at (770) 307-4899, via email at [email protected], or through our website: hicksmasseyandgardner.com.

Read more
Answered on 9/13/13, 1:59 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Georgia