Legal Question in Wills and Trusts in Georgia

All Parties Present?

My father passed away, I live in TN and went to GA for the funeral. It is my understanding that all parties mentioned in a will, such as the children, must be present at the reading of the will or at least sign something stating that they do not wish to or can not be present. That's the first question, is this true?

It is also my understanding that according to GA state law any and all children must be left at least one dollar or they can contest the will. Second question, is this true?

My youngest brother has been left completely out of the will. What are his rights now?

Finally, I received notice that my stepmother was left everything and each of the children, except my brother, has been left one dollar. I was not notified that there was a reading scheduled, it apparently was read the day of the funeral, while I was in GA. Where do I go from here? Should I try to contact his lawyer or...?


Asked on 5/13/01, 12:33 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: All Parties Present?

Well I don't know where you obtained your information on Georgia law, (the University of Tennessee at Knoxville, perhaps?), but most of it is in error. 1. Physical Presence at the reading (or even the reading itself), is not required and has no basis on the execution of the Testator's wishes. 2. Dollar or no dollar, it makes no difference. Except for the Year's Support, I do not think Georgia has any forced taking. 3. Well, then (assuming he is of majority and not a child who would or could take under a Years Support) your youngest brother is "left out of the will completely." That means: he is left out of the will completely. What are his rights? Zero. Well, I suppose he could Caveat the whole will and try for an intestate taking -- but you state no facts to show this option. 4. Your stepmother. I suppose she is the lucky one. It look like she takes under the will. You should contact a local probate lawyer in your hometown and have him or her review the Will and your options with you. However, based on the facts you wrote, it looks like father left a valid will and it will be admitted to probate and upheld according to its terms. Hugh Wood

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Answered on 6/22/01, 10:47 am


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