Georgia  |  Wills and Trusts

Legal Question

Asked on: 8/09/13, 5:54 am

I recently found out my dad died in Dec. 2012. I found out that he executed a deed in favor of my 1/2 sister 2 years before he died, but it wasn't filed until the day after he died. She never told me he died and won't respond to my phone calls. No will has been filed for probate and if there is a will, I don't have it or know its contents.

Can I bring an action seeking cancellation of the deed/inter vivos transfer for undue influence or lack of capacity (he had alcohol dementia)? Or do I need to petition the probate court for letters & sue in the name of the estate? Do I have standing to "protest" the conveyance, independent of probate court, b/c I am an heir?

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