Legal Question in Wills and Trusts in Georgia

My father just passed a few weeks ago of lung cancer. He was told he had 6 to 9 months a month and a half ago and only made it barely a month after that. He was 67, I am 32, and have 2 kids, and I also have a younger brother, we r the only heirs. it was a lot sooner than expected and several things were not taken care of before his passing. He also has a wife that he married after only three months of knowing her and they have now been married for almost 3 years. His will was written in 2015, then there was a codicil renaming the executor as his new wife in July of this year. There was another memorandum to the will with five points outlined that all benefited my brother my children and I. This memorandum just happened to not get signed by him before his passing or so we are told by his wife. She claims verbally that she plans to honor his wishes of the memorandum however we have no legal documentation stating so. She has given us a deadline of tomorrow at noon to sign the consent of the will and as it is written now it is completely and only benefiting her and nothing to benefit his children. I am very hesitant in signing the consent but do you not want to hold up the process as we will not be able to obtain any information until the consents are signed or as we have been told by her. What does it mean if my brother and I sign the consent? Do we have to sign To move forward in the process? It's all just very confusing to me the way the will is written now. And I have still yet to hear from his wife who wrote the original will, it is not the current estate attorney that is handling this case, and she claims that she does not know who wrote the original well, even though it's dated 2015 which was during the time they were married Please any advice would be greatly greatly appreciated!


Asked on 10/12/16, 1:21 pm

1 Answer from Attorneys

If you do not sign the consent, she can still apply for probate (I assume your grandfather lived in Georgia). The petition will be served on you and your sibling and you can object to that. The court will then decide. If you have questions about the vailidity of the will, you can bring a caveat action. The memorandum is not valid or binding.

You need to stop posting here and go and consult a probate attorney who practices in the county/state where the estate is or will be pending.

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Answered on 10/13/16, 7:42 pm


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