Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Janelle Johnson
1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: My father died in 2009 a Will suddenly filed in Georgia probat court Aug. 8 2022. We are not sure if the will is legal.

It there a statue of limitation of a will being filed in Georgia probate court.

Janelle Johnson
Janelle Johnson
answered on Aug 31, 2022

If you're questioning the validity of the will, it sounds like you're interested in contesting the will. The statute of limitations to contest will depend on the type of probate brought by the executor or interested person. If it's common form probate, then an heir has up to 4 years... Read more »

1 Answer | Asked in Probate for Georgia on
Q: In the state of Georgia is there a statue of limitation for a will to be File in probate court
Janelle Johnson
Janelle Johnson
answered on Aug 30, 2022

Under GA Code 53-5-3, a will shall not be offered for probate following the expiration of five years from the latest date on which a petition is filed for: (1) The appointment of a personal representative of the decedent's estate; or (2) An order that no administration is necessary on the... Read more »

1 Answer | Asked in Estate Planning for Georgia on
Q: Have one inheritance question from the Will of a GA deceased who left monies to an individual who predeceased her.

Nephew predeceased her (decedent) & never married. He was son of her sister (hence nephew), sister (mother) predeceased the son. Father of son (who is also now deceased) remarried & had two children by another mother, so the nephew would technically have a half brother/sister.... Read more »

Janelle Johnson
Janelle Johnson
answered on Aug 30, 2022

The will, as long as it's valid, is what controls in this situation. You have to the look to the intent of the testator and what is to happen to the remainder shares when a beneficiary is no longer available to receive under the will.

1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Georgia Probate Question no one seems to have an answer to regarding beneficiary serving as a witness on a codicil

Ga Code 53-4-23a (2020) says

a. If a subscribing witness is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not beneficiaries under the... Read more »

Janelle Johnson
Janelle Johnson
answered on Aug 30, 2022

This is more so an issue if there is a challenge to the will. As a matter of law, the bequest would be void.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.