Is there something I can do legally?

UPDATED: Oct 1, 2022

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Is there something I can do legally?

When my dad died it was in his Will to leave the house and land to me, however my mom was still living so that didn’t happen. Well she got her Will redone after he died and she left me the house and land in her Will. Two years ago when all of us siblings got together at my mom’s house she handed us a copy of her Will to read to make sure nobody had any issues with anything that was in it. It read that I was left the house and land and the utility sheds. My brothers had no issue with anything and neither did I. So for 2 years I knew I was going to be left the property and really even before that because even before my dad died, he and my mom had told me what was in their Wills. My mom called me yesterday to tell me she redone her Will and is not leaving me the house and land. Is there any type of legal action I can take against her?

Asked on August 17, 2018 under Estate Planning, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, there is no legal action you can take. Wills may be freely revised, changed, voided, etc. at any time, for any reason, before the testator's death (the "testator" is the person making the will). Prior wills have no effect or power, and the testator's promise that she would leave you something is not binding or enforceable. Only the final will (if any) in place when the testator passes away counts, not prior wills or promises.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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