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How long do you have after a loved ones death to contest what the executor of the will is doing?

Suwanee, GA |

My grandmother and mother both passed away April 10th 2009. My grandmother left my aunt her executor. Her will states "no per stirpes" however, my mother passed hours after my grandmother that day, thus leaving her a living heir at the time of my grandmothers death . My aunt disputes this fact and says there's no inheritance for my mother because she has passed. I'm fearful that she has spent whatever inheritance was left and I'm not sure if there's a staue of limitations to dispute what she's done. Im not contesting the will itself, its already gone through probate. I just want to know what my options are at this point.

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Attorney answers 2


Check the time of death on your mother's death cert to see if she indeed survived your grandmother. Also, have qualified counsel review the will as many wills have boilerplate language requiring that a beneficiary survive a particular amount of time (e.g. 30 days) in order to take under the will. Next, assuming your mother was indeed entitled to take under the will, an estate will need to be set up for her and a fiduciary appointed who will then have authority to bring an action regarding grandmother's estate. The first step would be to compel an inventory and accounting, and next an action to remove the executor if wrongdoing is found.

I would suggest you contact legal counsel in GA to discuss your case further.

Peter Frasca practices law in Massachusetts and provides general answers on avvo for educational purposes only and does not enter into an attorney-client relationship by doing so. You are advised to provide all relevant facts and to retain legal counsel before relying on any answer expressed herein.

Peter M. Frasca

Peter M. Frasca


By the way, you need to take action on this promptly.


You asked this same question twice. You have already risked losing by delaying this long. I urge you to get offline, get on the phone, and make a lawyer's appointment today.



I had an attorney on this two years ago, she didn't follow through and.I've not been able to reach her. I contacted an attorney yesterday and he wasn't sure if the state of limitations for Georgia were 2 years or 4 years. I don't want to pay a retainer fee of 4k if its not worth it.

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