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If i am excluded from my stepmothers will after she tricked me into signing her as admin. can i contest?

Newnan, GA |

she has left me out of her will, can i contest and win?

Attorney Answers 4


Admin of what? Her Estate? Your father's estate?

If you challenge the will, the likely outcome is that her assets will pass by intestate succession. Since you are not her child, you will likely receive nothing through intestate succession. Thus challenging the will would be pointless.

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yes, admin of my fathers's estate, years ago and it was not the smartest move but being younger and inexperienced she didn't honestly explain what i was signing and it was not with her lawyer but just with a notary. Now i am excluded from her will. I thought would be pointless. thanks.


Your post makes no sense as posted (I am assuming this is a death occuring in Georgia). You don't sign a stepmother's will (so there's nothing you can be tricked into signing) , and you have no legal right to inherit from a stepmother, even if the will was void. (In other words, a stepchild contesting a will they are not in is an exercise in meaningless futility - if the will is valid you're left out, and if it's not valid, you get nothing).

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I agree with Attorney Ashman. Your summary does not make sense. You have not included any of the information necessary to try to determine what is going on. Who is the decedent? Your stepmother? You say that she tricked you into "signing her as administrator." What does this mean? You agreed for her to be administrator of your father's estate? What does that have to do with being tricked and where you are at, now? Whether your stepmother acted as administrator for your father's estate or not has nothing to do with HER estate, if that is what your questions relate to.

Because you have not given us any information to go on, all we can do is speculate. That will not get you any kind of reasonable answer. Please feel free to post additional details and we will try to help.

James Frederick

*** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state.

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You have no claim as a stepchild, unless she legally adopted you. If you are not in the will, you have no claim.

Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033

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