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ScottyMacEsq, Lawyer
Category: Family Law
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Experience:  Licensed Texas General Practice Attorney
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My father died leaving a joint will with my mother. We live

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My father died leaving a joint will with my mother. We live in Georgia, My mother is asking me to sign this original will and she has told me she is going to change it. What happens if I do not want to sign this joint parent will? I am concerned that my mother's new will will be detrimental to our familay. Does the orginal will with my signature that I have not made yet have any sway on her new will?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

If by "sign it", she means that you are a witness, that does not have any effect on a new will. If your father has already died, his portion of the willis set in stone. If it leaves to your mother everything, then she can change the terms at her pleasure under Georgia law:

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-32

The execution of a joint will or of mutual wills does not create a presumption of a contract not to revoke the will or wills.

Georgia Code - Wills, Trusts & Estates - Title 53, Section 53-4-33

(a) A joint will or mutual wills may be revoked by any testator in the same manner as any other will.
(b) Revocation of a joint will or a mutual will by one of the testators shall not revoke the will of any other testator.

ScottyMacEsq :

In short, the ONLY way that she could not change it is if there was a statement that specifically stated that it would not be changed. Otherwise, she can change it. Now I don't know what she would want you to sign in the first place, but there's nothing that you can sign that would change the nature of the will (that is, you're not going to hurt or help your position, in that she either has the opportunity to change the terms, if the will does not say that she can't, or she would not have the opportunity to change, if the will says that she can't).

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

JACUSTOMER-ndfis43b- :

Thanks. Rating of 4.

ScottyMacEsq :

You're welcome, and again, good luck to you!

ScottyMacEsq :

If you don't mind indicating that on your screen (should be below the text box, click the applicable face, and then "submit") I would appreciate it.

ScottyMacEsq :

That's the way that you rate it.

ScottyMacEsq :

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