The state supreme court upheld a lower court ruling in another Dougherty County case that points out the importance of having an up to date will.
A woman asked for a jury trial to contest her uncle's will after he replaced her as the primary beneficiary.
The Dougherty County Probate Judge approved that request and Supreme Court Justices agreed.
Lawyers say there are things you can do to avoid any legal issues over your estate.
It's not something people want to talk about but it needs to be done. "Nobody likes to talk about death and no one likes to make funeral arrangements or make a will," said Michael Hall.
Michael Hall, a partner at Hall, Williamson and Hart says not preparing is unfair to your family and makes dealing with a difficult situation even harder for them. Overlooking important details when it comes to your will can make things even worse."If something happens to you or your spouse, who is going to raise that child? If you mess that decision up you have probably screwed the child's life up," he said.
He says the most important time to prepare a will is after you have a child. "The most common problem is I'm going to leave everything to my kids but if they kids are minors, you've just created a major legal drama," he said.
Hall says getting the court to overturn a will in Georgia is nearly impossible. "I haven't contested too many wills in 35 years and I've probably come off with a victory or partial victory in five or six of them," he said.
He says it's a good idea to update your will after a significant event...like death of a spouse..divorce..or if you get remarried.
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