Valdosta, GA asked in Family Law, Estate Planning and Probate for Georgia

Q: When my father died my mother said that the most recent will was lose and could not be located.will was drawn up in 2004

So she probated a will from 1984 .which gave her everything .we the children didn't get any inheritance from my father's estate .now my mother has made my sister remainderman of a trust .basically making it where I get noughing from my father's estate .my sister already had land and home off of his property and my brother had been given 13 acres and a home as well. I am the only one that has not been given anything from my father's estate he passed in 2014 .so basically my mother is not leaving me anything of his estate .my sister has managed to get double by having my mother put her as remainderman of the trust because my sister intends on leaving me out as well as my mother when she passed .my question is it it worth my time and money to fight this when my mother passes away ?

2 Lawyer Answers

A: Whether it is worthwhile to pursue depends on the size of the estate. If it is a multi-million dollar estate, it is probably worthwhile to consult a probate litigator in or near the county where your father's estate was probated.

A key piece evidence is that 2004 will that your mother said was lost. The attorney will absolutely need to see it to show that your father did leave you part of his wealth in the more recent will. Otherwise, it would be pure speculation that he left anything to you in that will. It is typical for married couples to leave most or all of their estate to their spouse if the spouse survives them.

Seth Meyerson
Seth Meyerson
Answered
  • Estate Planning Lawyer
  • Senoia, GA
  • Licensed in Georgia

A: I would go see a Georgia estate attorney. The case need not be worth millions to contest or investigate.

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