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My mother died in March and left our stepdad as executor in her will. Can we contest and how do we go about probating her will?

Centerville, GA |

My mother had been married to my 83 yr old stepdad for 30 years. Our father was killed in an accident that left her well off. My stepdad won't even let us have any pictures, much less anything else. He had a little camper trailer when they married and with her money they bought a nice place on a lake that is now worth a lot. My stepdad has 4 grown children who are going to receive everything now and we will be completely left out of things. She did leave a will but it didn't say who got what except to say he was the executor and had all rights to her property--without a mention of her family. What can be done to keep him from giving all to his greedy children when he dies--and he is very sick now? We did sign a Quit Claim back when my father died and got nothing. Can we do anything now?

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Attorney answers 4

Best Answer

You have rights as heirs of an estate, even if the will does not name you as a beneficiary. I want to stress that your situation is fairly complex (real property issues/construction of will issues/propriety of administration of estate) and you should seek the counsel of an attorney (sooner rather than later) to evaluate what you can do to protect your rights.


You should definitely consult with an attorney who has expereince handling probate disputes, because to give you advice about what could or should be done, an attorney needs to examine the relevant documents, including your mother's will. Most reputable attorneys will provide an initial consultation without charging you. Act quickly to avoid losing any rights.


If the will has been filed for probate, you need to file a caveat to the will. If she did not mentoin her childrenint eh will, you might have good grounds to contest teh will.


I agree with the other attorneys, you should hire an attorney in the area where your mother lived. This should be done as soon as possible. There are many situations where adult children can successfully challenge a will.

However one mistake you made was to sign a quit claim deed to your mother. Arguably, this relinquished your future rights to the property.

In any event the attorney will explain your rights. You may be concerned about fees in hiring an attorney. However, the attorney should discuss with the you the possibility that the reasonable fees incurred in the challenge may come out of the estate.

I am licensed in Georgia, but I don't practice in your part of Georgia.

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