[GA] Can I challenge a will if I was left a specific gift that no longer exists and the remainder was left to someone else?

Lexi, Chatbot

I understand that navigating probate law can be challenging. What specific aspect of probate law in Georgia are you seeking assistance with?

Lexi, Chatbot

Are you currently dealing with a probate case, or are you looking for general information about the process?

Lexi, Chatbot

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Barrister

Hello and welcome to the site! My name is Barrister and I am a licensed attorney and I am here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply as I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.

If you can post your legal question and some of the details about your situation, I should be able to help.

Barrister

Understood. The issue with being gifted a particular asset which no longer exists in the testator's estate is that if the vehicle was disposed of prior to your father's passing then that gift would simply lapse. (GA Code § 53-4-67)

He can't give you something that he did not own at his death. And unless he made some provision where he gifted you other assets, then that gift would fail and unfortunately it would result in you not receiving the gift or something comparable in value.

That Georgia Code would not apply because if he wrote the will after he married your stepmother that would not affect the validity of his will and unless he gifted your stepsister something from his estate she wouldn't stand to inherit either. (GA Code § 53-4-48)

"If a will leaves (“bequeaths”) a specific item of property to someone — and that property doesn’t exist in the estate when the testator dies — the gift fails (it’s “adeemed”). The beneficiary does not get a substitute or the item’s value. The gift is simply extinguished.

“A specific legacy or devise is adeemed when the property given is lost, destroyed, or otherwise disposed of by the testator during the testator’s lifetime…” (GA Code § 53-4-67)

Barrister

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy.

I hope I was able to help with any questions you had about the situation. It was my pleasure to work with you and help with your question.

Have a good evening and be safe.