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Original will from 2003 (State of Virginia) included all siblings as heirs. Updated will in 2012 (State of Virginia) specifically cut out two of the siblings. In order to Contest the will before it exits probate, should I contact a lawyer in Virginia or Georgia (where I live.)
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Probate Litigation Attorney serving Lawrenceville, GA
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The simple answer is that you need to hire a lawyer in the area where the will is being probated. Where you live is immaterial. If the decedent lived in Virginia and the will is being offered for probate in Virginia, then a Virginia lawyer can help you. If the decedent lived in Georgia, but had a Virginia will, and the will is being offered for probate in Georgia, then you would hire a Georgia lawyer.
Answered on Mar 31st, 2016 at 6:04 AM
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The question isn't where you live OR where the Will was written: the question is where is the Will being offered for probate? If the deceased person had his or her principal residence in Virginia, then the county where he or she lived in Virginia is normally where the Will would be offered for probate, and where you would need to bring any challenge.
Please also note: you usually can't challenge a Will after it's been admitted to probate: only before it is admitted to probate. However, to figure out what options you may have, find an experienced estate litigation attorney who works in the appropriate state and get a consultation. Best wishes to you.
Answered on Mar 31st, 2016 at 5:12 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.