QUESTION
Does a son who has expressly been disinherited have any chance of overturning a will which names great-nephews-in-law as heirs?
Asked on Aug 20th, 2014 on Wills and Probate - Georgia
More details to this question:
Five previous wills named son & only child as natural heir & intended recipient of all property, real & otherwise. Last will (6th -- found in garbage by son) was drawn up less 1 month before father died from debilitating disease & less 1 month after mother released from inpatient psych facility (mother, clinically diagnosed with TWO personality disorders, banned son from home, cut off son's cellphone service, threatened son with a TRO if son contacted ailing father, and severed all ties with all family members save one sibling). Executrix of last will also mother of 2 of 4 of the beneficiaries, all minor children who have no social or historical ties to the real property. Does the son and "natural heir" have any chance of voiding this last will?
1 ANSWER
4 Awards
Maybe. If the son wants to try overturning the Will, he should see an estate litigation specialist as soon as humanly possible. He will need to be able to show that it was invalidly executed, made under undue influence, or some similar facts in order to succeed, but he may be able to do so. The fact that the Will was apparently "in the garbage" may also be evidence to support a conclusion that the father had changed his mind and intended to revoke the 6th Will. But this is not a forum which can be used for this, and estate disputes are situations where time is absolutely of the essence. Both the son, if he wants to challenge, and the proposed Executor under the purported Will should get good estate litigation attorneys on their sides if they want to either defeat or defend this Will, and they need to get moving now.
Answered on Aug 21st, 2014 at 6:17 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.