Lawrenceville, GA asked in Estate Planning and Probate for Georgia

Q: Contest & objection to will same? adding evidence such as a prenup to the will that was probated in Georgia contesting?

Related Topics:
2 Lawyer Answers
James Clifton
PREMIUM
James Clifton
Answered
  • Estate Planning Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: An objection to a will is known as a caveat. A prenuptial agreement, which is a contract between two parties, may affect the assets that are included in the estate. If there are items in the prenuptial agreement that should not be included in the estate, the rightful owner will need to file a caveat in the probate. To fully answer your questions, more information is needed.

Schedule a free consultation to make sure the prenuptial agreement and probate are handled correctly.

Jake  Slowik
Jake Slowik
Answered
  • Estate Planning Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: In Georgia, introducing a prenup as evidence to a probated will isn't automatically a contest.

Will contest: Formal challenge to will validity (e.g., lack of capacity, undue influence)

Objection: Less formal concern about specific provisions of a will or administration

Adding evidence (prenup):

During probate: May be considered additional information

After probate conclusion: Challenging, subject to time limits

Purpose: Could be seen as objection or contest, depending on intent

Book a consultation to discuss the following:

Current probate stage

Reasons for introducing prenup

Potential impact on asset distribution

Applicable Georgia law deadlines

Best legal strategy for your specific situation

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.