QUESTION

can a will be alter and sign by only 1 benificary when there 2 benificiaries behind each other back

Asked on May 05th, 2014 on Wills and Probate - Georgia
More details to this question:
how can u find the original " will " and can 2 friends sign a will who is a friend of 1 of the beneficiary and not let the other know with by using a notary public in the state of GA. can 1 party draft up and alter the "will" and lost the original will.
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
You may not be able to find the original Will. One place to check would be with the probate court where the deceased person lived, to find out if there was any Will placed "for safekeeping" with the court during the deceased person's lifetime. However, in my experience that is a very unusual thing, and it is more likely that if there was another original Will, it has been made to disappear, either by the deceased himself (in which case, he revoked it) or by someone else. Georgia law presumes that a lost original Will was destroyed by the deceased person with the intent to revoke it, if the deceased person was known to have access to it before his death. If the only Will now is one which differs from the prior Will, then the questions are: 1. whether the new Will was validly executed (this is a question of fact and depends on a lot of variables); 2. whether the new Will actually reflects the wishes of the deceased or whether someone exercised "undue influence" over the deceased at the time the Will was made and signed (again, a question based on a lot of variable and facts); and 3. whether the deceased person had the required mental capacity to sign the Will at the actual signing date and time (again, a question of facts and involving lots of variables). If you were a beneficiary under a prior Will and you are not a beneficiary under the new Will, you MIGHT have the ability to challenge the new Will. However, you have very limited time to challenge a Will once it has been offered for probate, and you need the help of an experienced estate litigation attorney for that purpose. If you think you have a case, you should contact an estate litigation attorney to discuss the actual situation as soon as possible.
Answered on May 19th, 2014 at 4:24 PM

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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