Improper exectuion of last will and testament

[Kiwi]

Jurisdiction

Georgia

My brother was assigned executor of my mother's last will and testament. My mother directed her body be cremated. Because of my bother's religious beliefs, he instead buried her body.

Her will also included a no contest rule and if anyone contested her will would be exempt for any inheritance.

I wonder isn't the burial of my mothers body a contesting of her will?

 

[army judge]

My brother was assigned executor of my mother's last will and testament. My mother directed her body be cremated. Because of my bother's religious beliefs, he instead buried her body.

Her will also included a no contest rule and if anyone contested her will would be exempt for any inheritance.

I wonder isn't the burial of my mothers body a contesting of her will?

Let your mother and her loved ones rest in peace.

People should be grieving her memory, not fighting over her stuff.

 

[adjusterjack]

I wonder isn't the burial of my mothers body a contesting of her will?

No.

 

[Kiwi]

No.

Her will, Item 1 stated she wished to be cremated. Item 2 stated anyone contesting her wishes would be exempt from their inheritance. How is burring her instead of her wishes not considered a contest?

 

[army judge]

Her will, Item 1 stated she wished to be cremated. Item 2 stated anyone contesting her wishes would be exempt from their inheritance. How is burring her instead of her wishes not considered a contest?

Any answer received outside a proper probate court in your state is merely anecdotal and is of no probative legal value.

 

[Kiwi]

Any answer received outside a proper probate court in your state is merely anecdotal and is of no probative legal value.

Thanks for your response. This case is no longer in probate court though, it's been moved to superior court now. How would this change this matter?

 

[Kiwi]

Let your mother and her loved ones rest in peace.

People should be grieving her memory, not fighting over her stuff.

It's going on fifteen months now. The grieving stage has past. It's my siblings that are at battle. I'm simply observing from the sidelines. But I know one contested in writing, and was told that by not creamating her as she wished, that was a contest in and of itself.

 

[army judge]

It's going on fifteen months now. The grieving stage has past. It's my siblings that are at battle. I'm simply observing from the sidelines. But I know one contested in writing, and was told that by not creamating her as she wished, that was a contest in and of itself.

Probate, superior, the issues are being litigated.

Some people never grieve, others like myself, never stop grieving.

Apparently you have, so my apologies if my remark about grief offended you.

Back to the matter at hand, you'll have to wait until the judge decides to learn the outcome.

I never handicap or predict legal proceedings.