Legal Question in Wills and Trusts in Georgia
Contesting a will
My husband's father passed away in October. Does he have a case if an attorney had my husband sign a statement that verbally the attorney advised was to just make him aware that he was going to be the attorney handling the will, then AFTER it was signed, gave my husband a copy of the will. My husband is a simple man and believed what the attorney told him. I suspected that the attorney misled him. I got a copy of the signed page faxed to me and then called the attorney to ask what it was that my husband had signed. After, his legal worded explanation, I asked if in layman's terms it meant that my husband agreed with the will. He said ''yes''. My husband does not agree with the will and wishes to contest. Seven figures is at hand here and my husband is the only living immediate relation. Do we have a case?
2 Answers from Attorneys
Re: Contesting a will
One cannot contest a will just because one does not agree with the contents. This area is very fact sensitive, and success or failure revolves around the circumstances at the time the will was signed. You need to sit down with an attorney and talk at length about all that occurred when the will was published, both before and after.
Re: Contesting a will
You most definitely may have a case. However, a lot of investigation will have to be involved. This is the type of case that is almost impossible to give good advice in this type of format, because a lot of questions need to be asked and answered. If you would like to give me a call to discuss it, please do so.
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