We live in GA and my mother died in March. In her will, she left everything to her husband who has 4 adult children who will receive it all in a few months because he is very ill and dying. Isn't there anything that can be done for my brother and me--plus our grown children and grandkids? I heard once that heirs have to be mentioned in a will with at least a dollar or something. My mother got her money from an accident our dad was killed in in 1976. When she met our stepdad 30 years ago, he had nothing but a camper trailer and 4 kids to support. Now they have a nice place on a lake and other assets in Milledgeville GA. Thank you for any advice.
A person can legally omit heirs from his/her estate. However, in doing so, the testator (the person who has the will) opens him/herself up to having the will challenged. If your mother mentioned you, but did not leave you anything, your case is harder than if she failed to mention you at all. The will can be challenged either way. There are very short and serious time limits to filing a claim against a will. You have 20 days to file an objection to a will being probated. Our firm handles these matters routinely throughout the state.
Although adult children can be omitted from a will, I would suggest you sit down for a consultation with an attorney to discuss the matter in more detail. If your mother's wealth was derrived primarily from your father's death, there may be other controlling documents to consider.