QUESTION
Can a court require my husband to produce his will in a discovery?
Asked on Jun 09th, 2011 on Estate Planning - Georgia
More details to this question:
My husband refused to show his will in a discovery. Can the courts order him to produce it so they can see what he is hiding? He has willed everything to his daughter he just found.
2 ANSWERS
Theodore W. Robinson
Yes, the court can force discovery of the Will under normal circumstances. However, it takes a Motion in court to get such an action taken. Speak to an attorney about it. Good luck.
Answered on Jun 13th, 2011 at 1:12 PM
Glen Edward Ashman
What difference would it make even if a court allowed it to be seen (and they might not)? Wills almost never identify specific property, and wills also can be changed. It is also perfectly legal to disinherit a spouse. So again, why would it matter?
Answered on Jun 10th, 2011 at 11:51 AM