QUESTION

My mother had a living will and my step father moved the will from Florida to Georgia and changed my mother’s will

Asked on Oct 07th, 2021 on Estate Planning - Georgia
More details to this question:
Sell my grandparents house I was to inherit
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
I'm sorry, but I can't tell from your post what your question is. I do want to point out a couple of things, however, in hope that the information helps you some. But if none of this answers your question, you will need to post another one with more information.   A "Living Will" does not transfer property. It's a document that says what kinds of medical treatments or other life-support measures one wants if one is incapacitated and either terminally ill or in a permanent coma or vegetative state.   I assume you mean that your mother had a Will (or a "Last Will and Testament". She may also have had a revocable trust, which is often called a "Living Trust." If your mother moved from Georgia to Florida, then ideally she would have updated her estate planning, including any Will, revocable trust, Power of Attorney, Advance Directive for Health Care, or Living Will documents. That's because what works in Georgia is not exactly the same as what works in Florida, and so if you change states, you ideally should eventually update your documents to reflect the laws in the new state and not your former state. However, your stepfather would not normally have any legal power to change your mother's Will- if you believe that he actually did forge a Will, or if he essentially forced her to change her Will (or other estate planning documents), then you may be able to challenge the document in question. Since she was in Florida, you will need to speak with a Florida attorney about what rights and options you might have.   As for the part about your grandmother's house: if your mother owned that house in her own name, and if it was not subject to any kind of legal restrictions imposed by your grandmother's estate planning documents or the deed, then most likely your mother (or someone acting on her behalf) had the legal right to sell it, even if you were expecting to receive it someday. If you believe that there WAS some kind of trust or deed-based restriction on the property, however, then you'll need to actually talk to an attorney about how the property was owned before the sale. The attorney can then investigate your claims and tell you if you have any rights and how to go about pursuing them if you do.   Best wishes to you.  
Answered on Oct 08th, 2021 at 5:26 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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