Legal Question in Wills and Trusts in Georgia
Will estate/trust beneficiaries
When is a will considered null and void? If an estate is to be split by 2 beneficiaries, one being adult/executor, how can other party (child) get a copy of the will?
2 Answers from Attorneys
Re: Will estate/trust beneficiaries
First question:
A will may be invalid for numerous reasons: improper signing, lack of mental capacity, undue influence, etc. Challenging the will on any of these grounds will require an attorney's advice and participation.
Second question:
If the executor refuses to provide a copy, the probate court can order him to file it in the court, and a copy can be obtained from the court. The services of an attorney will be necessary, particularly if the child is a minor, and must act through a guardian or next friend.
Re: Will estate/trust beneficiaries
You definitely need a local attorney to discuss in detail (1) whether the will in question is valid and (2) how to get a copy of the will.
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