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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

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Attorney answers 5


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.


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.

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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.


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.

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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