Legal Question in Wills and Trusts in Georgia
Death or relative under guardianship in Georgia
My wife's father recently died in California. She is the executor of her father's is will.
He had been a guardian for his brother in Georgia for many years. His brother died a few years ago in Georgia. I do not think that the probate court has been notified yet. This brother had a will, naming his wife (now-ex-wife) as executor and beneficiary of his assets.
Is this will valid, since he was incompetent and was under guardianship? Is this will valid since he named his wife as beneficiary and executor, and they had divorced many years ago? If the will is not valid, can this be handled through his next of kin in California?
Where do we go from here? Must we contact a lawyer in Georgia, a lawyer in California, or attempt to handle it outselves?
Thanks for your help.
Bill
3 Answers from Attorneys
Re: Death or relative under guardianship in Georgia
You need a California attorney for your wife's father's estate. Will of guardian should be invalidated as to lack of capacity. Call me directly at (619) 222-3504.
Re: Death or relative under guardianship in Georgia
The will may well be valid. Even a person under guardianship or even generally incompetent can sign a valid will in a period of lucidity. You should consult with an attorney in the county of the residence of the brother at the time of his death. Until the validity of his will is determined, the other issues will have to remain on hold. If you are in my area, please feel free to give me a call for a free consultation.
Re: Death or relative under guardianship in Georgia
In California, if an ex-wife is named as executor or beneficiary of the decedent's will, it is treated as if she had died first. She would be unable to serve as executor or be a beneficiary UNLESS the will was prepared after divorce.
Your first step should be to talk to an attorney in Georgia.
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