QUESTION

what do i do if I might be in a will

Asked on Oct 21st, 2014 on Wills and Probate - Georgia
More details to this question:
I was in last 2 wills of the deceased for about 15 years then I was told when he died in august 2014 I was taken out at the end of April 2014 by a amendment/codicil that was notarized. Do i have any legal rights at all? Can I ask to see the will?
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
Unless you are one of the decedent's heirs, you may well not have any legal rights, because in general no one is entitled to receive a bequest from another person until that person is actually deceased and his valid Will making the bequest has been admitted to probate. As long as the deceased was still alive and competent to make a new Will, he was free to change his mind and do a new Will. If you ARE one of the heirs, then you may be able to fairly easily challenge the admission of the purported amendment/codicil to probate, if you do not believe that it is valid. A person's heirs are the persons who would receive the person's probate estate assets if the person died without a valid Will. In Georgia, if a person is married and has children or other descendants who survive him, no one other than the spouse, any living children, and the descendants of any predeceased child would be his heirs. If the decedent was not married and had no living descendant, then the next people in line to be the heirs are his parents, if either is living. If neither parent is living, then the next people who are heirs are the siblings, with the descendants of any predeceased sibling taking the deceased sibling's share and living siblings receiving their own shares. Even if you are NOT an heir, IF you have the original Will which names you as a beneficiary (the most recently executed one, plus any codicils executed after that Will which you believe are valid), then you could attempt to offer it for probate and you might then also be able to challenge any attempt to offer the codicil which removed you to probate. If the codicil is found not to be valid, and the Will which benefits you is deemed valid and admitted to probate, you would receive your bequest. If you don't have the original Will, then it may be more difficult for you to try this, but it might not be impossible. If you think something has been filed already, you can contact the probate court and ask them to provide you with copies of anything which was filed in the estate. The probate court file is a public record and anyone can get copies; you just have to pay for the copies. If you go to the court in person, it may be quicker. If you think you have any chance of a successful challenge, then you need to consult an estate attorney with litigation experience. Do it as soon as possible, because time is not your friend in this kind of matter.  
Answered on Oct 27th, 2014 at 6:34 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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