Legal Question in Wills and Trusts in Georgia

My father died eight months ago. His wife hired an attorney to have a will from 1981 probated. I feel that my father may have had a more recent will made. The attorney sent me a form to sign over two months ago. In which I signed and returned to him. I have call the probate court several time to see if it has been filed, and to date it has not. Is it normal for this to take so long? Should there have been a reading on the will? Is there any way to find out if a newer will was made? What are my rights to see the will?


Asked on 1/02/10, 10:59 am

2 Answers from Attorneys

Paula McGill Attorney at Law

You didn't say what you signed. Did you keep a copy?

Contact the attorney and ask for an update.

Unfortunately, there is no way to find out if there is a more recent will. In other words, your father made a common error. When a will is changed, the beneficiaries should know where the will is located.

You may have signed away your rights to challenge the matter in court. Nevertheless, if you believe you are the beneficiary of the current will, demand that the attorney give you a copy of the will and proceed through court.

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Answered on 1/08/10, 2:00 pm
Charles W. Field Charles W. Field, Attorney at Law

The only way to find out if there was a newer will is to go through all your father's stuff, including bank security deposit boxes. Also, if the will is filed, you can ask all the parties to answer, under oath, if there was another will. Consult with a local attorney.

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Answered on 1/09/10, 12:12 pm


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