Legal Question in Wills and Trusts in Georgia

Before my dad passed away he told my fiance that he wanted him to take over his guns and tools he was fixing to do a bill of sale when he passed so that there would be no arguing over it but he didnt get to he told several of his friends and family that is what he wanted done with it because he was the one there for him the past 6 years now my mother want let him have the stuff or me have anything that was my dads is th ere anything I can do about it I am in Ga.


Asked on 8/08/14, 5:59 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Property is not transfered based on "telling someone something." Since he did not do it by a will and did not do a bill of sale or other gift, your fiance gets nothing. However, depending on details we do not know, YOU may have a claim and should see a lawyer immediately.

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Answered on 8/08/14, 6:05 pm

I agree with Attorney Ashman. Your father, if he wished certain things to happen, (a) would have done a will or (b) would have made a bill of sale. He didn't. His wishes, since they are unknown and not written are meaningless.

Did your father have a written will? If so, who is the beneficiary of things like tools and guns? If there is no written will, then how many other siblings are there besides you and your mother? If there is no will and only you and your mother, then you get 1/2 of your father's stuff after payment of debts. If you have siblings, then your mother gets 1/3rd of the estate and the children get 2/3rd. But it will depend on what assets were owned by your father and how they are titled and what debts are there in the estate.

I suggest that you take Attorney Ashman's advice and get to a probate lawyer who practices in the county where your father lived at the time of his death and where the estate is or will be administered.

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Answered on 8/08/14, 8:45 pm


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