Children of first marriage

[CREAGT]

My father passed away on June 24th 2001. He was a resident of the state of Georgia where he had his last will drawn up on June 23rd 1997. He amassed his estate when he was married to our mother, which the marriage was one of 46 years. He remarried 6 months after my mother passed 15 years ago at the age of 71 years old. My sister and I have just been served the notification that my stepmother is probating his will. With the notification we received a copy of our fathers will. He is giving every thing to our stepmother except a small monetary amount that he indicated for my sister and I. In his past wills we had always been coexcutors of his will in the will that is my stepmother is probating dated 6/23/97 my father changed that to my stepmothers sister and his minister. My stepmother has not been kind to my sister or I in the past. My sister and I are to receive $1,000 a peice my father estate consists of much more Real Estate, stocks, bonds, mutual funds ect...
In this will my father has got my last name wrong which we my sister and I do not understand since I have been married over 20 years to the same man and my name has not changed. Never before did my father get my last name wrong. I was served under this name and am listed under the wrong name. My father was 82 yrs old when he had this will drawn up. He suffered strokes. My sister and I are wondering is this appropriate or legal to give everything to his 2nd wife with which he has no children and to change his co-executors to her family and almost remove us totally. We feel very unloved and wonder if we have a leg to stand on in contesting this will. It still puzz;es me as to why he got my last name wrong and I am not sure if he was of sound mind and disposing memory at the time this will was drawn up? Please advise me I only have till the 30th of July to reply to the courts in Jackson County Georgia.

 

[advisor10]

JULY 23, 2001

DEAR CREAGT:

You all have an excellent chance of contesting this will in court, on the grounds of undue influence (she probably asked for his signature while he was ill with the strokes), and possibly other grounds (is the signature on the will valid?, etc.) Do you all have some idea of his medical history--approximately what month/year did he start having strokes and when was he in and out of the hospital, etc.?

He has the right to give whatever he wants to his second wife, but when both wills are examined and compared side to side, it will be evident that major changes took place which benefited the stepmother and it does look as if your share of the estate was deliberately intended to be reduced.

The fact that your last name was wrong could be due to any number of factors: maybe a secretary typed it wrong or couldn't read the handwriting, maybe this stepmother did not know what your real correct name should have been, etc.

Are there any indications that this will was prepared by an attorney or a law firm (the name of the attorney or the law firm would be someplace on the will)? How many witnesses are there? Are the witness signatures notarized? Does your father's signature look strong or shaky?

Due to the short amount of time you have, you really do need to visit a local probate attorney in person so they can advise you how strong of a case you have, and they would need to actually see the actual wills in person (both the old and the new will, if you have them). The first consultation is usually free, but you must be prepared to pay a retainer or a fee in advance if you want an attorney to defend you in contesting a will.

SINCERELY,

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