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Father passed a way about 7 weeks ago had will probated now x wife said she found a will leaving her a part of everthing

Cartersville, GA |

will not let us see the will she has what to do will not give us the date of the will

Attorney Answers 5

Posted

Since Will has already been probated, it is the controlling Will until another is brought forward, and even then it may be irrelevant depending on its date, etc. The mere fact that an ex-wife is included does not mean she would benefit unless it is the controlling Will and it was done either in contemplation of their divorce or it was done after their divorce was finalized. You should have legal counsel adding with the Probate and this attorney can assist with these issues as well.

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Posted

My condolences on your loss, and on the extra distress I'm sure this event is causing. If your father and his ex-wife were divorced prior to his death, then it is likely that the Will she has is an older Will which was replaced by the one which you say was admitted to probate already. In order for his ex-wife to claim any benefits under the Will she claims to have found, she will need to have it admitted to probate in lieu of the Will which was already probated. If she tries that, then she'll have to show it to you. Otherwise you should be able to safely ignore her and deal with your father's estate under the Will which was probated. Now, if his ex-wife was actually named as a beneficiary under a beneficiary designation, those assets likely will be hers regardless of what any Will says. However, your question does not indicate that she was named as a beneficiary under anything other than the Will she claims to have found.

This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. The intent is only to provide general information. You should be aware that you cannot rely on this answer to provide you with any protection against tax penalties. You should always consult your own attorney in order to obtain legal advice.

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Posted

The last will is the last will-so she would need to file it with the court and have attorney represent her.
Seven weeks is a very short time and the estate should still be open.
Many assets do not have to go through probate if they are held jointly or have beneficiares.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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Posted

Ms. Disalvo and Mr. Morgan have given you two great answers.

Let me add that I always caution people not to worry too much about the legal problems that people talk about when all they do is talk. It's not a problem until and unless someone files something in court (and it may or may not be a problem even then).

So don't stress over it. Hopefully you used a lawyer to file your probate papers. Let him or her know about this possible claim to cover your bases, but don't lose sleep.

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

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Posted

All attorneys answering your question have given you very good answers. It is unfortunate that your father's ex-wife is adding to your distress, when you are already dealing with the grief of his passing. Mr. Ashman is right about telling you to try and not get stressed out about what she is doing, if she is just talking. It will not create any problems with your probate process, until she files an objection, and even then, she probably won't get anywhere. If she files an objection to your probate petition, she can create delay, but the final outcome will most likely be in your favor.

This answer is general in nature and does not create an attorney-client relationship

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