My brother, who is deceased, left me as a beneficiary in his Will and his son who is now deceased. His
Wife at the time (divorced five yrs.) was named executor by the title of "my wife and name". Now my
Family members who were not mentioned in the Will are trying to invalidate the Will. I am not sure
Of details as I was told I would know on a "need to know basis". My brother-in-law is a bankruptcy
Attorney but a bit on the shady side. He is the one initiating the invalidation of the Will. Can
Unnamed family members intrude upon the wishes of the Will and alter its outcome? The Will was
Made in 1992 in Ga and my brother passed away in 2010 in NC. The ex-wife came in and took control
Of his body and furnishings without informing family.

Who is appointed Executrix or Executor of the will NOW? Has the will been sent to the Probate Court yet? What are the grounds for the invalidation?

Anyone can petition to invalidate a will. But there has to be grounds. They have to show that the testator was of unsound mind or unduely influenced in making the will. Or that the testator repudiated the will after it was made.

Was the ex-wife specifically named by name or just referred to by a title. If the latter, than the ex wife may have overstepped by taking control. If she did not submit the will for probate then she probably has not followed the law. Your bro-in-law may be trying to force a proper probate of the will, not necessarily invalidating it. Or he may be trying to force a different executor, since she is an ex-wife she may no longer be the person names to be executor.

There is always another person appointed as Executor if the first one appointed fails to do their duty, or is somehow disqualified.

Who was named as this second Executor of the will?

Anyone can "challenge" a will, I could even come in with a story and challenge it.

That is what and why there are probate courts, where this should have been placed at his death.

Next you have a right to know everything, and should demand it.

Unless it is stated somewhere in the will the exwife shouldn't have been able to do anything as she severed legal ties at the time of divorce. She shouldn't have had control of his remains nor anything else unless somehow it was named beforehand.

Thank you for your knowledgeable replies. A man who rented a cabin on my brother's property found
My brother and called his ex not knowing they were divorced though the ex did not live with my
Brother. She pretended to be the wife to EMS, funeral home. No autopsy was ordered. Cremated
Immediately though his Will specified burial. I am the alternate executor. She is contesting the
Divorce, stating they changed their minds. Divorce was legally granted. No children involved.
My brother-in-law wants to invalidate the Will but do not know on what grounds. What would be
The reason for my brother-in-law wanting to invalidate the Will?

Im sorry you have to endure this mess that others are making.

First things first. You need to get a copy of the will. From there you will know what standing the will represents.

As far as trying to nullify the divorce she is also trying to get everything he had. She would be first in line should he have passed and they were legally married.

Also you need to track down what is going on with this challenge. If you don't know what it is then you can't fight it. Is the will in probate and being held pending legal issues in progress ?

Quote:

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Originally Posted by Arrabella

Thank you for your knowledgeable replies. A man who rented a cabin on my brother's property found
my brother and called his ex not knowing they were divorced though the ex did not live with my
brother. She pretended to be the wife to EMS, funeral home. No autopsy was ordered. Cremated
immediately though his Will specified burial. I am the alternate executor. She is contesting the
divorce, stating they changed their minds. Divorce was legally granted. No children involved.
My brother-in-law wants to invalidate the Will but do not know on what grounds. What would be
the reason for my brother-in-law wanting to invalidate the Will?

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Who is handling the estate for probate reasons? An attorney you retained, I hope? You should be able to see the brother in law's Petition to have the Will invalidated and see his exact reasons he thinks it should be. If you have an attorney you should be provided with a copy of this. And if you don't have a good probate attorney I would suggest you retain one before there is a hearing on this matter.