A Last Will and Testament can be legally void and invalid

Posted by William H. Sherman on Mar 05, 2018 | 0 Comments

Question:  My grandfather died and he had a Last Will and Testament and he left everything to a step-daughter. My dad and his sister got nothing under the will and I think that the step-daughter did stuff to get them cut out of the will. I want to learn if there's any way for a will to be invalid or void in Georgia because people did things that were unfair and got other people taken out of the will.

I'm not going to use the step-daughter's name here but she works as a stripper in Atlanta and has never had a real job.

Basically grandfather was very close to his two children, my dad and his sister, for many years. Then when grandpa was in his eighties, he divorced his wife (my grandmother) and married another lady who was much, much younger. When he did that he barely saw his kids again and I only actually saw grandpa a few times before his death.

But although he didn't see his kids anymore, he spent a lot of time with his new wife's daughter, the stripper. He and his step-daughter got along pretty well but I think she was just using him for his money, which he had a lot of because he had a couple of successful businesses over the years in Atlanta and Dunwoody.

When grandfather died everyone was shocked to learn that his will, which had only recently been changed three weeks before his death, left everything he owned to his step-daughter, and nothing at all to my father, my father's sister (who I like), or to me.

There have been rumors for some time that grandpa was having an affair with the step-daughter and that she was giving him drugs to keep him calm. I didn't believe that was true, but now I'm not so sure and that's why I'm writing to a Roswell will lawyer.

Now I really want to know what to do about the step-daughter getting everything from his will. I know my dad had plans for some of that money and he told me that once grandpa died I could get a nice new car.

P.R. in Roswell, Georgia

Answer:  You're asking a good and common question for an estate lawyer. A Last Will and Testament can be legally void or invalid under Georgia law. A will can be found by a court to be invalid if any of the following are found to have played a part in its origin:

  • Threats
  • Fraud
  • Violence
  • Coercion

A will must be freely and voluntarily made. If it was unduly influenced by anyone or any group, then there may be grounds for it to be held invalid or void. In your case, if it can be demonstrated that your grandfather's step-daughter used threats, fraud, violence, or coercion to have herself named sole beneficiary, then legal action may be appropriate.

About the Author

William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

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