Will signature in Question and already filed

[shellbe91671]

What is the name of your state? Georgia


My grandmother past away 1 year ago. There are 6 living children, 1 Will conveniently lost that splits everything equally among all 6 children and now 1 Will posted in Probate Court at which my Uncle and Aunt (2 of the 6 siblings) get everything.

We filed an objection for my MOM in which I used section codes pertaining to my grandmother being under duress and undue influence being that my uncle is known for his threats. We also do not believe that she signed the Will. The signature is compared to her signing Birthday cards and important documents. I was wondering if the judge would consider the signature by looking at it himself or if we have to have expert forensic people to look at it before court. The signature is very obvious but a lawyer and his secretary are the witnesses on this Will for My uncle.

Also, we have a paper documenting that my Grandmother had Alzhemeir's Disease by her Doctor dated years before this so called Will was drafted.

There's no money on this end for a lawyer so could someone give a little advice on what's to come and maybe what action we can take ahead of time to make sure that my uncle's deceitful ways aren't rewarded by my Grandmother dying.

 

[Dandy Don]

What is the date of the lost will (that splits everything between the 6 siblings)--was it written first (before the other will) and was it written before the document from the doctor regarding the Alzheimers?

It looks like you have done everything correctly, but do you have an attorney representing you/advising you through this process or are you doing everything yourself? Your unfamiliarity with the probate court process could be costly if you don't get an attorney. If the estate is considerable, then at least talk to 2-4 different attorneys to see how strong your case is and it is possible that some type of delayed fee arrangement could be worked out.

It wouldn't hurt but could only help if you could get a forensic expert to view your documents and of course testify on your behalf if his testimony would be favorable to your case. Perhaps the probate attorney could help you locate one.

Was the lost will written with the assistance of an attorney and would you know who that attorney was, so that perhaps you could check with him/her to see if a copy is on file and to see if that attorney would perhaps testify about the existence of the earlier will?

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

 

[shellbe91671]

Thanks for replying

Yes the Will written to share equally was written years before my grandmother ever became ill. It was drawn up by a local attorney who says she cannot find her Will copy. We are not sure if she would testify for us but being that it was so many years ago would the judge consider her testimony.

I found a forensic handwriting specialist....maybe he won't be to expensive and there is 0 money for attorney. I'm trying really hard to educate myself online. My mom and aunt are depending on me. My uncle has used my grandmother all her life ....I just hate knowing he's still able to use her and her gone. Any pointers you can give are totally appreciated. Thanks!

 

[Dandy Don]

Don't just automatically assume that you can't get the services of an attorney. At least talk to 3-4 of them to review the details of your case, and you may find one sympathetic enough to help you. It is a BIG MISTAKE TO TRY TO TRY THIS CASE ON YOUR OWN--your mistakes and ignorance of the law will be fatal.

 

[shellbe91671]

Thanks Don! I'll try and find one in the morning!