Legal Question in Wills and Trusts in Georgia

My stepfather in Georgia had a will that was drawn up by an attorney and witnessed and put on file in the courthouse.

He died 10+ years ago. The will specified the home go to my mother in a life estate then pass on to my brother.My mother died 3 years ago - without a will. Proceeds from life insurance where I was the beneficiary, from both of them were used for final expenses and to pay all outstanding debt. There was nothing else in the estate. Nothing has been done as far as the deed or probating the will. I was named executor. What is the least costly way to handle the will and property transfer to my brother?.

Does the property even need to go through probate, or can the will be used to change the deed?


Asked on 9/20/16, 7:23 am

1 Answer from Attorneys

First step is to go and consult a probate lawyer who practices in the county where your mother lived at the time of her death. An estate probably does not need probated for the stepfather after all this time. The house went to your mother as a life tenant, but on her death then to your brother. Your brother would only have to go and see an attorney to get the home deeded in his name.

if you were the beneficiary of life insurance, then it was up to you to use the money as you saw fit. If you choose to pay for burial expenses and debts, that was up to you. That really should have been paid by your mother's and stepfathers estates.

If your mother had no will, then how can you be named as executor? Its not possible. If you are referring to t he will by your stepfather, I would question why you even need to probate it at all? There would be no viable claims and I can't see any reason for doing so. You do not indicate what your mother owned that would be a probate asset. The life estate ended upon her death and life insurance proceeds are a non-probate asset. So unless your mother owned other property or had other debts, I don't think there needs to be any probate.

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Answered on 10/15/16, 7:32 pm


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