Legal Question in Wills and Trusts in Georgia

Death of a spouse

On Sept the 19th my husband passed away due to cancer. Three weeks prior to his demise his son had me thrown into a mental hospital for evaluation because being under duress I stated that I was contemplating suicide. While I was in the hospital for 24 hrs for this incident he moved my husband and his belongings including a lock box containing his 401K check to his home to TAKE CARE of him. Meanwhile i was released and three weeks later my husband died. I lost my home and had to move our things out and left desolate. His truck, wallet, 401K check among other things were at the sons house. There was a will filed in court in July stating once his burial and bills were paid the remainder of his estate would be settled in the following manner and then the paper is blank. stating nothing about who gets anything including his personal belongings. He has a retirement check, a 401K among other things that I know of but I do not have any information about how to obtain them. His truck title was signed over to the son just four days prior to death. Can you give me advice on how to go about getting his belongings from his son and to how much as executor is he intitled if the will is blank? How does someone file a blank will in probate court?


Asked on 10/01/08, 1:28 pm

1 Answer from Attorneys
Lesley Berggren The Berggren Law Firm, LLC

Re: Death of a spouse

I am sorry for your loss and understand you are dealing with a lot right now. However, you need to make an appointment with an attorney with a practice which includes probate litigation as soon as possible and provide whatever documentation you have (like a copy of the will and whatever was filed in probate court).

It is not necessary to use a local lawyer, although that may seem more convenient for you. My contact number is below and I require a signed engagement letter prior to any attorney-client relationship being formed.

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Answered on 10/01/08, 1:44 pm


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