QUESTION

Do I have any right to contest my mother's will if I have reason to believe she was if bad health and mind when it was made? She died 10 weeks later.

Asked on May 15th, 2016 on Wills and Probate - Georgia
More details to this question:
N/A
Report Abuse

2 ANSWERS

Wills Attorney serving Alpharetta, GA
4 Awards
I am sorry for your loss and for the apparently stressful situation that surrounded your mother's death. As one of your mother's heirs, yes, you would normally have the right to try to contest her Will if you do not believe that it is valid, or you believe that it does not accurately reflect her wishes and that she was essentially forced into signing it. However, if you have already signed something consenting to have the Will offered for probate, or if you received notice that it was being offered for probate, then your chance to contest may now be gone. If you want to get accurate information about whether you can still contest the Will, or what your chances of a successful contest will be, or how much it will cost and take to do so, then you really need to schedule a consultation with an estate litigation attorney (I do not do estate litigation, although I do deal with other estate and probate related issues). The attorney will need a lot more information that you either can or should post here. Keep in mind that the standard of competence to execute a Will is actually pretty low in Georgia. In addition, contesting a Will is often a long, drawn-out, expensive process. If you really believe that your mother's wishes are not being validly represented by the Will, however, then you may want to take on the risks of bringing a contest. A consult will help you figure out how strong your case may be, and what you may be facing to bring the case. Best wishes to you.  
Answered on May 16th, 2016 at 1:08 PM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

Report Abuse
Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
Update Your Profile
Yes, once the will is filed wih the probate court and you are served with the petition, you can file a caveat to the will.  
Answered on May 16th, 2016 at 6:09 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters