Another Will? so says one heir!!

What is the name of your state? Georgia

My father passed away in November 2002, at that time he had an existing Will recorded with the Probate Court. He has three legal heirs, the youngest son has refused to sign for me, the eldest child to become Executrix of Will, the other middle child has signed agreeing to our father's wishes.

Now it has come to my attention today that my youngest brother is saying he has another Will and on that one I am listed again as the Executrix but my brother refuses to let anyone see a copy of this Will....the other Will is still on file with the Probate Court as the only legal one. Is it legal to hold this Will secretive from other heirs?

He has threatened to sue ever since 1996 when he found out that our father had deeded property before his death and he was removed. Now he is threatening to sue again by bringing in the "new" Will. Why would that be necessary if it was a legitimate Will? Wouldnt he just file it with the court?

How long does the courts give him once he knows of harm? He has known about deeded land for almost 10 years and he has said that he has the other Will and our dad has been deceased for almost 2 years.

What are our rights? If any?

Oceanblueeyes

What is his specific reason for not wanting you to be executrix?

I wouldn't believe his threats to sue because he would have done so by now.

Ask the judge to order him to produce the other will. It won't be relevant unless it is dated AFTER the first will and will have to be examined to see if it meets other legal criteria for Georgia law.

Dandy Don said:

What is his specific reason for not wanting you to be executrix?

I wouldn't believe his threats to sue because he would have done so by now.

Ask the judge to order him to produce the other will. It won't be relevant unless it is dated AFTER the first will and will have to be examined to see if it meets other legal criteria for Georgia law.

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Thanks for the advise Dandy.

Oh it is a long story. You know how it goes. One child totally abandons their aging parents for years and then expects to get everything. Many problems with my dad and my brother's relationship for many years, volatile is an understatement. I believe the anger is so seething toward my father but since I was awarded the home place the anger has been turned on me more than our deceased father.

Isn't there a time limit on contesting the Will that has been placed with the court? Surely if he is saying the other Will is invalid, he must protest by showing that he has another one doesn't he in some reasonable amount of time?

I was the Guardian of my dad for 7 years before his death, my youngest brother saw my dad 4 times in those 7 years and we live in the same town.....this is what we are dealing with. I love him but I told him it is not about me and him but the sole wishes and intents of our father.

Oceanblueeyes

Allow me to amend my previous advice--do NOT ask the judge to ask brother to produce the will he has--that might cause unnecessary problems, and he is only posing an idle threat--if the will he supposedly has would benefit him in any way, he would have submitted it long before now. Too bad he is just an immature brat--I liked your comment that it is about the sole wishes and intent of your father, because that is the total truth. No doubt brother has such a mean temperament that this is one reason why father wanted to deny him a share.

Do you have the advice/counsel of an attorney to find out whether brother's refusal to approve you as executrix will hold up the probate or not, or is his refusal basically irrelevant?

DANDY DON IN OKLAHOMA ([email protected])

Dandy Don said:

Allow me to amend my previous advice--do NOT ask the judge to ask brother to produce the will he has--that might cause unnecessary problems, and he is only posing an idle threat--if the will he supposedly has would benefit him in any way, he would have submitted it long before now. Too bad he is just an immature brat--I liked your comment that it is about the sole wishes and intent of your father, because that is the total truth. No doubt brother has such a mean temperament that this is one reason why father wanted to deny him a share.

Do you have the advice/counsel of an attorney to find out whether brother's refusal to approve you as executrix will hold up the probate or not, or is his refusal basically irrelevant?

DANDY DON IN OKLAHOMA ([email protected])

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Don,

I have gone through such stress in the past 10 years that once I filed as my father had requested and my brother contested it, I just stopped and stepped back. I simply no longer had the wear with all to fight anymore.

The Probate Judge has known me personally for 25 years and did not consider anyone else as Guardian of my father. I know that if I pushed it my younger brother would be over-ruled by the Judge. I assure you he has no basis for stopping me from becoming Executrix, this was done for spite only. Since neither my other brother or myself have pushed it, it actually remains filed but dormant.

I actually think it is in our favor at the time to not "call" my youngest brother on it.........the longer it takes for him to come forward to protest the WILL, not the Executrix, the better off we are, in my opinion. I am in no hurry nor is my other brother, as all of the real property has already been divided before his death. The other personal property is not a large estate at all.

Thanks again for your thoughtfulness.

Oceanblueeyes