I have a 2014 deathbed will of my brother I am trying to Contest as a pro se litigate. Fulton Probate Court allowed an ex-wife to get involved. She shredded up all his financial documents. The ex-wife was named Benefactor in the will but she wanted to be named Administrator. She has since withdrew her Petition of Administration. His girlfriend had his body cremated after her Power of Attorney expired. Girlfriend and ex-wife was at his deathbed at time of death. Girlfriend took decedents possessions off his body and turned his wallet and keys over to the Court. Court mistakenly sent his property to ex-wife. The will is invalid and I am trying to prove the invalidity to the Court. I don't know of any assets my brother may of had because the ex-wife destroyed evidence. I need the OCGA citations to cite showing Authority for contesting the will. I'm alleging undue influence, fraud, mental capacity of decedent by his girlfriend. If you could help me with the correct OCGA citations I would appreciate it. I'm still trying to find out if he has any kind of Estate.
1 Answer from Attorneys
This is NOT a pro se project. Will contests rarely succeed, and require great expertise. DO not file without a lawyer. If you lose, you can be made to pay the estate's and party's legal fees, so you have a high risk especially if there may be no assets. Will contests are based on facts - NOT code citations, and since the OCGA is available free online, if you do need any you can find them (there are hundreds of pages that may apply) online (search OCGA on Google). You are in a very precarious situation and need to get counsel immediately.