QUESTION
How can I probate my mother's will with an outstanding loan on the property?
Asked on Apr 19th, 2017 on Estate Litigation - Georgia
More details to this question:
On 1/27/15, my mother died, and I tried to probate her will, but I was told that the will could not be probated. It appears that my mother signed the property over to her brother in law for a loan in the amount of $5,000 dollars a few years prior. I had power of attorney of my mother's health, and personal affairs and I was not aware of this loan transaction until I tried to probate the will. I have a will that signed the property over to my step sister,who is decease and myself when my stepfather and mother dies.
1 ANSWER
Probate Litigation Attorney serving Lawrenceville, GA
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Robert W. Hughes & Associates, P.C.
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A will can be offered for probate after the testator passes away. Only the probate judge can deny probate to the will. The only reason probate can be denied is if the will is invalid for any number of reasons. Additionally, if the testator does not own anything at her death, there is no reason to probate the will. You can’t use a will’s bequests to drag property back into the estate. If you believe your mother was not of sound mind when she transferred the property to the brother in law, you can file suit against the brother in law and ask that the deed be canceled due to your mother’s mental incapacity. Otherwise, it is a valid transfer.
Answered on May 09th, 2017 at 5:13 AM