Legal Question in Wills and Trusts in Georgia

Probate a will

My father passed away with a will but married 7 weeks prior to his death. His wife has signed an agreement that she will remove certain personal property ''as and in full, entire and complete of all right, claim, interest or demand she now has, or might have, in or upon the estate, real and personal of'' deceased...Can we now have the will probated and will that reinstate the executor as it is written? There is land involved with home sights and we are under the impression that we can not do anything with it such as build again or sell or take out a lein on it for any reason. Is this true?

Asked on 5/23/07, 6:52 pm

2 Answers from Attorneys

Robert Thompson J. Robert Thompson Attorney

Re: Probate a will

You do not state when the will was executed. If it was before the marriage, it was revoked by the marriage, absent specific language in the will which prevented that.

The agreement you refer to might or might not be binding on the wife, depending on the circumstances.

Until the estate is under administration, the land cannot be sold or encumbered.

You should consult an attorney to examine all the facts, and take the appropriate action.

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Answered on 5/24/07, 8:18 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Probate a will

Consult with a local attorney. My first question would concern the wording of the will, as to whether the marriage revoked it by operation of law. Second would be the validity of the document signed by the widow.

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Answered on 5/24/07, 5:25 pm

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