Will invalid format

[Mrsmonster]

What is the name of your state?Georgia
I've been married 20 years to someone who was calculating abusive and extremely manipulative I came into the marriage with my own home $10,000 cash brand new car. When he died I had $30. My name is not on any titles or bank accounts. His kids got bulk of life insurance and his share of mother's estate ( she died 1 year before he did). I got $5000 of his life insurance all went to hire a lawyer. She has never asked me any questions I've never met her. I can tell she is not telling me things she knows I won't like. I have no money to hire anyone else. His children filed a petition to have county attorney as administrator due to a history of drug use. ( I've been sober 24 years didn't even meet husband until after I became sober). They also filed caveat to years support stating we have been separated for three years and I refuse to care for him during his illness. We never were separated and he was bedridden a year prior to death I took care of him in a loving caring way that he did not deserve or had roles been reversed would have ever done for me. He died as a result of being hung upside in an electric lift machine as I tried to get him unhung. I could not get him high enough to get to the straps off him. Nurses took off to find scissors to cut him out but he was dead by the time they got back. His family had taken possession of his body before I made it home from hospital and have done every mean ugly nasty thing they can think of. I have been able to see the big picture since he death. While he was alive he kept me so isolated traumatized and feeling worthless. Everytime I objected to his or his family's abusive treatment of me they would remind me that no one will believe a drug addict every one hates me and if you want to leave go ahead but it's a long walk to Texas ( my mom lives there). Unbeknownst to me he has told everyone in the community his financial problems were because of my drug problem. The truth is he handled money like a child spending bill money on toys. I thought I was free but his family and the probate court have just picked up were he left off. I know in Georgia the judge can make things fair with years support. I live in a small town and the narrative being told about me it's not even near true. What is the smartest thing for me to do. I'm 54 years need a new heart valve and have no means of support ( in laws withheld my mail caused me to lose my health insurance). I put off my surgery to care for my husband. My heart was damaged when I didn't receive treatment for a common treatable infection and it spread to my heart. Was brought to ER near death spent 8 weeks in the hospital

 

[commentator]

Your story doesn't hang together well. Why would you spend your last dime to hire an attorney without talking to them? Where are you living now, and what are you living on? I would suggest you stay put and seek psychological counseling, possibly in-patient treatment. You sound very damaged.
To do this, I suggest you immediately sign up for public assistance from Medicaid. Or see if you can get to Texas to live with family (ask them to send you a bus ticket.) Else you're going to be homeless very quickly. And from the sound of your story, you don't need to be homeless where you are.

 

[Zigner]

If you mean that a government agent ("county attorney") is being appointed as the administrator of the estate, and is somehow acting in his (or her) official capacity as the "county attorney" while administering the estate, then you probably don't have much to worry about. That administrator will do things correctly and distribute your 1/3 of the estate, as appropriate.

EDIT: Wait, I'm confused. The subject of this thread mentions a will ("Will invalid format"). Is there a will? There is nothing mentioned in your post about a will or its format (correct or otherwise).

 

[Mrsmonster]

Because of covid 19 I hired my lawyer on the phone paid fees on line. I have gone to their office twice to sign papers but interacted with paralegal whom I do like. I haven't really explained in dipped my position I'm feeling it people these days don't actually even care and tried to just keep it did the basic information. my house is paid for I guess it's not really my house but the house I lived in for 20 years I was told by my husband I would inherit. Yes I did have a will and they said it was invalid due to format I would post the will if I knew how to do it. Since they won't accept it we are now probating it as if he did not have a will

 

[Zigner]

Because of covid 19 I hired my lawyer on the phone paid fees on line. I have gone to their office twice to sign papers but interacted with paralegal whom I do like. I haven't really explained in dipped my position I'm feeling it people these days don't actually even care and tried to just keep it did the basic information. my house is paid for I guess it's not really my house but the house I lived in for 20 years I was told by my husband I would inherit. Yes I did have a will and they said it was invalid due to format I would post the will if I knew how to do it. Since they won't accept it we are now probating it as if he did not have a will

If the estate is probated as an intestate estate, then you are due the 1/3 spouse's share of your husband's estate. If a county official, in their official capacity, is administering the estate, then this should be an aboveboard process.

You are represented - you should speak to your attorney.

 

[Mrsmonster]

Because of covid 19 I hired my lawyer on the phone paid fees on line. I have gone to their office twice to sign papers but interacted with paralegal whom I do like. I haven't really explained in dipped my position I'm feeling it people these days don't actually even care and tried to just keep it did the basic information. my house is paid for I guess it's not really my house but the house I lived in for 20 years I was told by my husband I would inherit. Yes I did have a will and they said it was invalid due to format I would post the will if I knew how to do it. Since they won't accept it we are now probating it as if he did not have a will

Also can't leave Georgia because there is a little boy my late husband and I raised from birth to 5 years old He was returned to his father when he had remarried but we still get him every weekend every school holiday and summers This was an agreement between the boys father and my husband and I. The boy is 11 years old and would suffer if left. He is in gifted program at school and the sweetest child you would ever meet. My husband abusiveness was done so manipulatively most of our marriage I was not even aware of it until he started getting sloppy about it the last 4 years of his life

 

[Mrsmonster]

Also I would be in therapy as we speak had his family not withheld my mail and my insurance not been cancelled. Sometimes in small town Georgia the law works differently women and people of color sometimes don't fare well when things are decided beyond the walls of the courtroom

 

[Zigner]

I'm sorry, but there is really nothing that an internet forum is going to be able to help you with.

 

[Mrsmonster]

I'm not looking for psychology just the answers of questions. What is invalid format meanin regards to a will. What is the smartest way to deal with caveat and does a caveat require proof of allegations.

 

[Zigner]

I'm not looking for psychology just the answers of questions. What is invalid format meanin regards to a will.

Interpreted in plain English, it would mean that the purported will was not formatted in a proper manner to be admitted as a will.

What is the smartest way to deal with caveat and does a caveat require proof of allegations.

In Georgia, a "caveat" is a legal contest to the will. If the will was already invalidated, then the allegations have already been proved and the will invalidated by the court.

 

[Mrsmonster]

Caveat was filed in regards to years support. Probate never accepted will so it's not bee rejected by court

 

[Zigner]

Touching on the year's support that you can petition for - you should be entitled to that even if you were separated (which you weren't). I agree that you need an attorney to overcome the challenge.

One thing that I think you have going against you is that his death was (per your story) a direct result of your actions.

 

[Zigner]

Caveat was filed in regards to years support. Probate never accepted will so it's not bee rejected by court

You mean the will was not accepted - that means it's been rejected.

 

[Mrsmonster]

I've read requirements for a will it needs to have an executor named needs to be signed by two witnesses needs to be dated and the person signing needs to in his right mind. This will meets all requirements so format issue I am not understanding

 

[Mrsmonster]

Touching on the year's support that you can petition for - you should be entitled to that even if you were separated (which you weren't). I agree that you need an attorney to overcome the challenge.

One thing that I think you have going against you is that his death was (per your story) a direct result of your actions.

No he was in the hospital Emory midtown. I was just trying to save his life the nurses had run off to find scissors to cut him out of the sling