QUESTION

Mother Died , My sister produces a bogus will saying sister got everything, I file a Caveat, now sister dies

Asked on Aug 23rd, 2021 on Wills and Probate - Georgia
More details to this question:
Mother Died , My sister produces a bogus will saying sister got everything, I file a Caveat, No outcome to my Caveat yet will has not been probated Now sister dies, what happens now?? My sister has a son If my Caveat Fails and the will she presented gets probated, would the court have to throw this out and start all over again?
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
Please accept my condolences on the loss of your mother and the loss of your sister.   As for your question: If your caveat fails and the Will produced by your sister is admitted to probate, then the Will she produced will likely be admitted to probate with a successor Executor appointed in her place, and the effect of your sister's death on how your mother's estate is distributed would be dealt with as that Will provides, if it makes any provision in that regard. But unless the next nominated Executor decides to withdraw your sister's Petition to Probate the Will, your sister's death would likely not cause the court to throw out the entire petition.   Wills do frequently contain provisions that are designed to deal with a situation where a beneficiary dies after the person who wrote the Will. For example, if a Will requires that a beneficiary survive the person who wrote the Will by a certain minimum period of time, such as 90 days, and that beneficiary survives the person who wrote the Will by at least that long but then dies after that, the beneficiary's estate will often end up receiving the property that beneficiary would have received. The property would then be subject to the beneficiary's Will (or state law, if the beneficiary had no Will). But, if a Will requires that a beneficiary survive by a certain period of time and the beneficiary does not make it that long, the Will would generally provide for an alternative disposition of that beneficiary's share. For example, in my firm's Will it is often the case that, if a child does not survive her parent by at least 90 days, the share that the child would have received if she survived at least the 90 days will instead pass to her children, if her children survive the person who wrote the Will by at least 90 days. That said, I have seen Wills that don't deal well, or at all, with cases where a beneficiary dies. Without seeing the Will your sister claimed to be your mother's, I have no way to tell what it might do.   If you are working with an attorney on your caveat, you should ask your attorney what happens next. If you don't have an attorney, you should really consider consulting an attorney who works on estate litigation- having someone who knows what they are doing can be extremely helpful in a disputed estate.   Best wishes to you.
Answered on Aug 24th, 2021 at 5:27 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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