emyers7373
Junior Member
What is the name of your state (only U.S. law)? GA
My father passed away 5yrs ago leaving his estate to my step-mother who died on Sep 11, 2009. The will was very specific and concise. I would receive the house and all financial assets while my step-sister would get her mother's personal effects, all home furnishings and her car. That wasn't good enough as she withdrew a large amount of money before her mother died as dual POA. She also took belongings, illegaly used mother's credit card and drained her bank account after her mom died. She took the fire safe which contained the original will and other important docs as well. I am the temp administrator and have handled everything while she has done nothing. She has claimed that a new will was executed and the copy of the original that I presented is invalid. No will or even a copy of such will has ever been presented as we go back and forth. Her contention is I destroyed it. No witnesses to the will or executing attorney have been found either. She has conveniently recruited a couple people and her daughter to state that they discussed a new will with her mother and that's basically her case. I have many close friends and family members to back my position and this step sister has been absent for many years and not even in the picture until her mom got sick. She is basically making an attempt to take everything but the house. Anyway, we both have attorneys and are finally approaching a probate court date. Is there a chance I could lose everything if a judge declares there is no will? My step mom has a half brother who stands to swoop in if everything falls apart. They have offered to settle and basically leave me with the house and funneral expenses. This whole ordeal is a travesty and criminal but I'm not sure if I should just throw in the towel and settle or risk losing everything. Lawyer fees have already cost me in excess of $4K out of my pocket. My father and step mother are turning in their graves right now and I have fought tooth and nail on principal alone for over a year now. Please advise...What is the name of your state (only U.S. law)?
My father passed away 5yrs ago leaving his estate to my step-mother who died on Sep 11, 2009. The will was very specific and concise. I would receive the house and all financial assets while my step-sister would get her mother's personal effects, all home furnishings and her car. That wasn't good enough as she withdrew a large amount of money before her mother died as dual POA. She also took belongings, illegaly used mother's credit card and drained her bank account after her mom died. She took the fire safe which contained the original will and other important docs as well. I am the temp administrator and have handled everything while she has done nothing. She has claimed that a new will was executed and the copy of the original that I presented is invalid. No will or even a copy of such will has ever been presented as we go back and forth. Her contention is I destroyed it. No witnesses to the will or executing attorney have been found either. She has conveniently recruited a couple people and her daughter to state that they discussed a new will with her mother and that's basically her case. I have many close friends and family members to back my position and this step sister has been absent for many years and not even in the picture until her mom got sick. She is basically making an attempt to take everything but the house. Anyway, we both have attorneys and are finally approaching a probate court date. Is there a chance I could lose everything if a judge declares there is no will? My step mom has a half brother who stands to swoop in if everything falls apart. They have offered to settle and basically leave me with the house and funneral expenses. This whole ordeal is a travesty and criminal but I'm not sure if I should just throw in the towel and settle or risk losing everything. Lawyer fees have already cost me in excess of $4K out of my pocket. My father and step mother are turning in their graves right now and I have fought tooth and nail on principal alone for over a year now. Please advise...What is the name of your state (only U.S. law)?
