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Allfiredup, you LOCKED your thread!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

nextwife

Senior Member
What is the name of your state?

Nobody can respond. But the big question is how long ago step-grandfather's probate was completed. And if all proper procedure was followed.
 


anteater

Senior Member
From what Allfiredup posted, step-grandfather only passed away 2 months ago and probate has not been started yet.

Should i be concerned that his son might try to contest the will?
Have no idea if you should be concerned. As an heir (not the same thing as a beneficiary under the will), he has the right to contest the will if he desires to.

If he did contest it, what are the chances he would be awarded anything?
Nobody can answer that. He could argue that he was simply forgotten about/overlooked. The estate's personal representive would contend that, given the rocky history, he was certainly not just overlooked, that the will explicitly left all assets to the spouse, and that no other children, estranged or not, were included as beneficiaries.

Does the will contain a clause stating anything to the effect of: any person not mentioned in the will is not excluded due to oversight or neglect but because the maker of the will only wished to benefit the beneficiaries explicitly named in the will?

If it is any help, here is a website with information about probate in Georgia:
http://www.gaprobate.org/
 

Dandy Don

Senior Member
Is this person mentioned by name in the will as being disinherited and is there a stated reason for the disinheritance? He could contest the will but it would be expensive for him legally and he has no legal grounds to do so unless the grandfather suffered from a disease where he would have been taking medication that may have affected his judgment. Did the man have other children?

If he lives outside of the state he probably will not even know about probate.

(The poster didn't lock up the message--the website administrator does that.)

You need to have a probate attorney review the will to see how strong it is and if there are any weakenesses/vulnerabilities.

DANDY DON IN OKLAHOMA ([email protected])
 
Thank you all

Perhaps my rambling explanation of the situation led to my thread being locked without any explanation?

Anyway, I appreciate those who responded. I have since learned that the house and land deed is a 'joint tenancy with right of survivorship' listing my step-grandfather, grandmother, and my step-father as the owners. It is my understanding that this means the property simply passes on to the surviving owners (my grandmother and step-father) and my step-grandfather's heirs have no legal claim of any kind on it. Also, it is my understanding that JTWROS property does not have to go through probate in the state of Georgia.

Am I correct?

Thanks again.
 

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