Legal Question in Wills and Trusts in Georgia

uncle dies,1 living brother , no wife no kids, left nehew as executor of his will sign 2003. attorny presented another will listed him as administrator, this will was signed 6 days before uncle put on hospice care by VA court ruled for attorney'wil sure he is friend of judge in Gordon county, to accpet his will. how much time to file to appeal against final judgment of bogus will ruling? can any of the heirs on the original will fight it or does it have to be the executor that uncle name has to fight it?


Asked on 3/09/11, 8:03 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Frankly your post makes no sense whatsoever. Nothing in your post states any facts that would make this a "bogus will."

It sounds like a group of potential heirs made a frankly dumb decision to wait until AFTER a probate case ended to challenge something, rather than seeing an attorney beforehand. I should note that you gave no facts in your post that indicate anything wrong with the will, so no one here will be able to respond.

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Answered on 3/09/11, 8:09 pm

You don't give any relevant dates. Generally, there is 30 days to appeal a ruling. Why was uncle in hospice care? Was he mentally competent even though he was ill? If so, then the will was not invalid as you suggest.

And even if it was, the question is to ask yourself, how will living brother benefit if the will is tossed out? Tossing out the old will does not revive the 2003 will so the heirs of the 2003 will are probably out of luck. The only persons who could challenge would be the deceased's living brother since there was no wife or kids. What assets are there? Is there enough to make it financially worthwhile for living brother to mount some kind of a caveat?

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Answered on 3/10/11, 9:08 am


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