QUESTION

Who constitutes as family in a will?

Asked on Sep 21st, 2011 on Estate Planning - Georgia
More details to this question:
My Grandpa's will bequeathed his small gun collection to the male members of HIS family, but did not list them. His wife (married 1 year before he passed) is now distributing them to HER grandson and possibly other members of HER family. Is she allowed to do this. Her children are grown and were not adopted by my grandfather. They were listed in the obituary, but that was her doing as well. She is also violating the time frame of which she is allowed to distribute his things. She still has 3 months before she can legally distribute anything anyhow.
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3 ANSWERS

Probate Attorney serving Las Vegas, NV
3 Awards
It is probably best to have the Will reviewed by an attorney who can read the entire document and advise you. It may be necessary to file with the Probate Court to have the items returned or have her removed. We charge $100 for a one hour consultation with an attorney who will provide you with valuable information regarding your rights and the law in this area.
Answered on Sep 23rd, 2011 at 2:33 PM

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Get a lawyer and challenge her actions in court. But first, ask yourself what is at stake. Do the math. Do not spend $1000 to get a gun you could buy for $200. Of course, if he had rare or heirloom guns, maybe they are worth it. But get that clear in your mind before you start the fight.
Answered on Sep 23rd, 2011 at 10:35 AM

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Glen Edward Ashman
What a mess people make when they don't hire lawyers. The words "his family" and "her family" have no meaning. That means the will probably is void and if you have an interest in the estate, get a lawyer immediately to challenge the will. His saving $250 or so on a will probably will cost everyone thousands in litigation fees. Be sure to act in the first 30 days or so after death. Do not delay. Waiting too long could mean you lose rights permanently.
Answered on Sep 23rd, 2011 at 10:34 AM

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