QUESTION
What is the law regarding an inheritance dispute?
Asked on Apr 30th, 2011 on Estate Planning - Georgia
More details to this question:
I have one brother who has lived off our mother his entire life and never worked to support himself or his 2 children. He is responsible for losing all of her money and he has alienated her from both me and my siblings to such an extent that we believe she now intends to leave her entire estate/home to him and his kids, including a large life insurance policy. Before this estrangement, her estate was to be divided equally among us. What can we do about this prior to her death and after she dies will we be able to sue? As heirs, do we have the right to "sign off "on a will? His name is not on the deed but he is the sole beneficiary of the insurance policy and is her executor. She is not in ill health, nor is she senile.
2 ANSWERS
Theodore W. Robinson
You have a right to contest the Will once she is gone, but not before. However, if she is not of unsound mind and she wants to give her money to your sibling, that is her absolute right. Perhaps she has a different take on why she wants to give him more money than the rest of you and your siblings. The same holds true of the beneficiary status under the life insurance policy. No, you don't have to sign off on her Will. It's entirely her business and nobody else's what she does with her estate. Sorry. Good luck.
Answered on May 03rd, 2011 at 10:02 AM
Sam Louis Levine
Be sure to be on the lookout for a special clause in the will, that under Georgia law, would cause someone who stands to gain under the will to forfeit the devise if they contest the will. You need to check with an attorney to have your questions thoroughly addressed.
Answered on May 03rd, 2011 at 9:42 AM