QUESTION

Can someone change someone else’s will

Asked on Jun 22nd, 2021 on Wills and Probate - Georgia
More details to this question:
Can my stepmother keep stuff that my dad left me? I need help understanding my dads will
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2 ANSWERS

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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A will that has been accepted for probate must be followed to the letter unless a beneficiary consents to a different treatment. You should consult with a lawyer well versed in probate matters to ehlp you understand your rights under a will.
Answered on Jun 23rd, 2021 at 8:00 AM

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Wills Attorney serving Alpharetta, GA
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Please accept my condolences on the loss of your father. If your father had a validly executed Will that provided for you to receive certain items, then you should generally be able to receive those items during the estate administration, assuming that the estate is solvent and all debts and expenses can be paid. The job of the Executor nominated to administer his estate is to carry out the Will, not to go against the Will. Estate administrations do take some time, and bequeathed items do not have to be distributed to you right away. That said, however, your stepmother, as your father's surviving spouse, would, in Georgia, have the right to file a Petition for Year's Support that could allow her to take all of the assets out of the estate, including any assets you were supposed to receive under the Will. It is possible to challenge a year's support petition, but it must be done on certain grounds, and in a certain time frame after the Petition has been filed.  In order for you to really get an answer as to your rights with regard to your father's estate, and as to the status of the estate and whether it is being handled correctly, you really should get a consultation with a probate attorney. The attorney will need a lot more information than can or should be dealt with in this kind of forum in order to understand exactly what has happened so far and what needs to still happen, but once they have an understanding they can let you know what your rights are and how best to protect your interests. Best wishes to you.
Answered on Jun 23rd, 2021 at 5:36 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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