Cartersville, GA asked in Estate Planning and Probate for Georgia

Q: How can I contest a will that has NOT yet been probated and there is ONLY one person who has this will and the first????

If someone has this said new will and has refused to probate it how can I contest it??? They also have the ONLY copy of this said new will and the only copy of the first will made!!!

Related Topics:
2 Lawyer Answers
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: An interested party might file for an intestate probate administration. Then if will proponent wants a will to control, he will have to file it in probate case. There it can be contested if needed.

James Clifton
PREMIUM
Answered

A: You can compel production of the will under OCGA 53-5-5. The original will must be produced to the court. If you then need to contest the will, you will have to file a caveat to the will once it has been filed.

Schedule a free consultation to make sure your interest in the estate is protected.

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.