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Ask Dimitry Esquire Your Own Question
Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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If there is a will and it is valid is it a conflict of

Customer Question

if there is a will and it is valid is it a conflict of interest for the new wife to be the administrater , she also had retained this lawyer before we started probating will for her years support. when we signed off on years support the items was not showed we was ed to believe she would live in house for the year, now we find out she owns the house and all possessions can we overturn this
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

It is not a conflict of interest for an heir, a beneficiary, or anyone who is slated to receive from the estate (be is spouse, child, parent, or friend) to act as the administrator. You cannot challenge her on that basis. You can challenge if she failed in her duties and did not transfer assets out as per the will instructions. As far as the home ownership, that is designated by the will, so if the spouse left the property to her, she is entitled to receive it. You generally cannot overturn a will unless you have evidence that it was written under false pretenses, under duress, under undue influence, or if it is a mistake. But if the deceased intended her to have it, she is entitled to receive it.


Dimitry, Esq.

Customer: replied 1 year ago.
she was not mentioned in the will at all he married her after the will was drawn up, the house was supposed to go to me and my sister according to the will. we was told in Georgia that the will is valid even if a new marriage takes place. the lawyer never showed us what the support was we was led to believe she would live their for a year, the only way I found out I went to probate and got a copy of all things filed
Expert:  Dimitry Esquire replied 1 year ago.


If she is not mentioned but what as a spouse, she is automatically entitled to a 'forced' or an elective share. In Georgia this concept does not exist, and is the only state where a spouse can potentially disinherit the other, but it must be done with 'intent'. Since the will was not updated after marriage, she can claim that he never intended to disinherit and seek a portion of the estate. Now, if you are seeing that this is going against the wishes of the deceased, you need to retain your own counsel and challenge the filing by showing that the will was the final intent of the deceased. But you'd need an attorney especially if she has already lawyered up in advance.


Dimitry, Esq.

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