Legal Question in Wills and Trusts in Georgia

my father past away two weeks ago, he reviewed his will a week prior to getting marriage leaving everything to his kids that him and my mother had establish for the past 44 years. he and his new wife was only marriage for 10 month before his passing. the lawyer said the will is voild is this true, if so what can we do?


Asked on 9/13/13, 7:49 am

1 Answer from Attorneys

Robert Gardner Hicks, Massey & Gardner, LLP

If he signed the will and was competent when he did so, the will is not void. However, a spouse can file a petition for year's support to try and obtain all of his property regardless of what a will says. This may have been what the lawyer you met with meant. A full reading of the will and the details of the case would be required to say for sure and to give you your options.

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.

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Answered on 9/13/13, 8:16 am


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