Can the executor of a will contest the distribution of assets to beneficiaries??

Asked almost 4 years ago - Atlanta, GA

My grandmother passed and my father(her son) preceded her in death. He was named as a beneficiary in her will, along with my aunt. From what I understand the Anti lapse statute says that the portion of the estate that was willed to my father now goes to his children( me and my two siblings). However my aunt has started distributing some of our assets to others before the will has been filed and probated. My siblings and I fear that she is trying to contest the will so that we do not get our father's share. Is she able to do so, and how much time do we have in preventing her from doing so??

Attorney answers (2)

  1. Ruthann P. Lacey

    Contributor Level 11

    Answered . You should consult with an experienced probate attorney. You'll need to take a copy of the Will for the attorney to review. If your aunt has started distributing assets it is important that you act quickly.

  2. Henry Daniel Lively

    Contributor Level 20

    Answered . You should hire a probate attorney to represent your interests in this estate. You can also open probate and ask the court to appoint you as the administrator of the estate. Do so immediately to prevent any further loss of assets.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

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