Lawsuit dispute over estate

UPDATED: Oct 1, 2022

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Lawsuit dispute over estate

My Grandfather passed away about 5 years ago. He was living with my father in Georgia at the time. My aunt sued my parents stating that they coerced my grandfather into changing his will at a point he was not stable minded. She felt she was due around 60 of the estate when in fact she was only entitled to about 40 based on the will.

My aunt and father went through the discovery process about three years ago and my father has not heard anything since. In the meantime, the estate is frozen and my father does not want to contact his attorney because of the cost already has accrued 30k in fees for an estate less than 1 million. I think he is also concerned about bringing the lawsuit up again due to the stress and unknowns.

My question is this is there a statute of limitations to how long the lawsuit can freeze the assets? Does my father just need to contact his attorney to see if the judge will dismiss the lawsuit? Should he just continue to wait?

Any advice is greatly appreciated.

Asked on March 11, 2018 under Estate Planning, Georgia


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am sorry for your loss and for the situation as it stands.  I can surely understand your Father;s stress and his concern about using up additional fees to defend the suit, but unfortuantely there is no magic number for the termination of a suit.  He needs his lawyer's help to resolve it.  He can, though, go down to the Probate Court and take a look at the status of the file on his own.  Then when he contacts the lawyer he can have a meaningfl conversation about what has happened and where this is going and how to resolve it asap.  Good luck.

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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