QUESTION

If told you got something before they pass and then not giving it can anything be done.

Asked on Jan 28th, 2016 on Wills and Probate - Georgia
More details to this question:
Mom dad past almost a year ago .all my life my parents told me I'd get the home and lot that they lived in cause I was the baby of ten kids.on the day we buried mom I was read a so called will that my sisters came up with in the end I got a gun my mom had alztymers and couldn't read or write and my dad died left every thing to her.the will read like dad was telling her how to divide what he left her and they have not probated a will as of date d/death 2/15 and moms d/death 3/15 and how long do I have to contest this fake will if probated
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2 ANSWERS

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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You ahve to challenge a will within 13 days of being served by the sheriff with the petition to probate the will.  There are a couple of exceptions to the rule, but you must act very quickly if you wish to contest a will.  You should contact a lawyer immediately.
Answered on Feb 07th, 2016 at 7:55 AM

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Wills Attorney serving Alpharetta, GA
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Unfortunately, it is not at all uncommon for people to make statements to others about what they will leave them and then not carry those statements out for one reason or another. So there will be no guarantee, even if you contest the purported Will, that you will actually receive the house or the lot, especially if you don't have access to or knowledge of another Will which makes that bequest to you. If you believe that the purported Will is invalid because of fraud, forgery, undue influence, or something similar, then you have a few options. You can seek to be appointed as the Administrator of the estates (it sounds like you'll need to deal with both parents' estates, based on your post, but I can't tell for sure), and state that you believe the purported Will is not valid and that your parents died without Wills. Please note: you need to be pretty sure that you are correct in making those statements; you should not lie to the court. If you don't want to take on being the Administrator yourself, you can still petition the court to have someone appointed as Administrator, or to force the person in possession of the Will to produce it so that it can be offered for probate. If someone else finally decides to offer the Will for probate, you will have only a VERY short time to contest (10 days if you are served in person with notice, 19 days if you have to be notified by certified mail because you don't live in Georgia). You may be better off if you take steps first, so that you aren't having to react to someone else but can try to take control of the situation. However, no matter what you need to do, ideally you need to find an attorney who is experienced in estate dispute litigation to help you consider your options and take the steps needed for your selected plan of action. Doing it yourself is generally not a good idea. Please find a good estate litigator and get a consultation as soon as you can. You'll then be in a much better position to decide how you want to move forward.
Answered on Jan 28th, 2016 at 5:11 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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