Q: Can I report a lawyer to a state bar for drafting and notarizing a will, knowing that the person had mental illness?
A lawyer drafted and notarized a will for a person, who he knew was mentally ill. The will disinherited person's children and gave the entire estate, including children's personal property, to the mentally ill person's husband. The husband's daughter and the lawyer had an intimate relationship previously. Later, this lawyer had another attorney draft a quit claim deed to the mentally ill person's house, which was only filed with the county clerk's office six years after signing and three weeks after the person died. In those six years, two more wills were signed, although the husband was aware that a guardianship case for his wife was opened in court. The children were never told about the wills or the QC deed.
A: While you can report the lawyer, mental illness is not the same as dementia. Unless the person suffered from an insane delusion about someone they purposely disinherited, the Will is valid. Neither the person making the Will nor the lawyer has any obligation whatsoever to inform anyone about the Will or the deed prior to recording. The only question is whether Georgia will enforce a quitclaim deed to transfer property.
Nina Whitehurst and Tammy L. Wincott agree with this answer
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