Legal Question in Wills and Trusts in Georgia

My aunt died in the state of Georgia and she left a will for her living children to divide everything 4 ways. She raised one of her daughters 2 children and now she is wanting to hold the money up in probate because my aunt left her 2 children nothing in the will. Can she do this?

Asked on 10/10/10, 6:23 am

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

If I'm understanding your question, your Aunt passed and left her property to be divided 4 ways, between her 4 living children. Your aunt was kind enough to raise 2 of her grandchildren (both the children of one daughter). You aunt's will did not leave anything to the grandkids and now the grandkid's mother wants to hold up the will probate.

Based on the facts above, unless the daughter claims the will was entered into through fraud or your aunt was tricked into not leaving the grandchildren anything, there is NOTHING the daughter can do to stop the distribution of the money via probate. Yes, she may be able to slow the process down a little through her protestations, but the Court's only concern is to distribute the assets in accordance with your aunt's wishes. If the child of the aunt wants to give the grandkids some of her inheritance, she is free to do so.

If you want to speed the process of distribution up, I would strongly recommend that you hire a Georgia estates and trusts attorney to consult and assist you.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 10/15/10, 6:36 am

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