Q: Dad's Will - Probating Question
My dad passed away a week ago. The wife of 4 years, immediately quit talking to me. When I started asking this week for the will, she messaged me back "Don't ever contact me again." I contacted the lawyer & obtained a copy of the will which leaves me and the wife executors of the estate. The lawyer who done the will I believe is trying to also probate the will. I have been told by a family member who is a judge that the lawyer who done the will for my dad cannot probate the will. Is this correct?
Also, I have found out that the wife obtained a financial POA while my dad was hospitalized for altered mental status, obviously didn't know what he was signing, & had her daughter witness his signature. With this POA she has changed everything she could into her name including 2 vehicles that are paid off and all life insurance policies. My dad took out a life insurance policy 10+ years ago with me as beneficiary and she has changed it. Can I do anything about this?
A: Probate of a Will is different than acting as executor although an executor usually submits the Will to probate and performs the duties required by law. Georgia law provides that persons acting under the color of a POA have a fiduciary duty to the person whom executed the POA. Your situation is complex, especially with life insurance proceeds at issue and the "altered" mental capacity of which you allege. Time is of the essence. I advise you to consult with an Estate & Probate Attorney immediately -- more specifically, an attorney FOR YOU (not an attorney already in this mess --- so not the attorney that represents the wife and not the attorney that prepared the will).
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