QUESTION

about my freind will

Asked on Aug 15th, 2014 on Wills and Probate - Georgia
More details to this question:
My freind will he had was the new will  everything was,post to go to me but his family had the  old will so they had chance to take the  new and get rid of  it and use old will get his stuff  but  i  got a  freind  that was witness that my freind brian  said if anything happens everything gos to alex
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
Unfortunately, if your friend didn't make a Will which properly carried out his stated intent to leave you his assets, or if the original of that Will can't be located after his death and a different one was admitted to probate instead, there isn't anything you can do. Witness statements regarding what your friend may have said verbally are not generally admitted as evidence in estate-related cases except under very unusual circumstances, and if the family has an original Will which leaves assets to them you are very limited, as a non-family member, in your ability to challenge that. You won't really be able to do so with the very slight evidence you describe. Now, if you can find a copy of a signed Will which shows that your friend did actually make a Will which left you assets, and that that Will is newer than the one the family is offering, then you may have a place to start. But depending on how far things have progressed, it may also be too late. I can't tell from your question. If you really want to know whether you might have a case, find an experienced estate litigator (I am not a litigator, by the way) and get a consultation in person or by phone. Please accept my condolences on the loss of your friend, and for the additional distress the situation with his family appears to be causing you. Best wishes.    
Answered on Aug 20th, 2014 at 6:39 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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