Legal Question in Family Law in Georgia

Death in Family

My Father just passed away last week. There are three of us children. My Aunt and Uncle went to my fathers house and took his vehicle and other things they wanted without our knowledge. What are our rights? He did not have much, so is it even worth doing anything? It is not his possesions we are truly worried about, it is the total lack of respect. Please reply.


Asked on 7/24/07, 10:06 am

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Death in Family

Assuming your father did not leave a will, the aunt and uncle are not entitled to anything. They have illegally converted your property to their use. You have to decide if it is worth it to pursue this. Consult with an attorney in the county in which your father resided at the time of his death.

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Answered on 7/24/07, 4:40 pm

Re: Death in Family

I'm afraid that the courts do not adjudicate respect. However, you can start a probate administration in the court of your father's last domicile and you can, if you wish, request to be appointed personal representative. Once the administration is open, you can ask the court to order that your aunt and uncle return the vehicle to the children. If your father had a will, the provisions in the will supercede the laws of inheritance. He may have left the vehicle to them and appointed someone other than his child as a personal representative. Make sure there was no will first.

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Answered on 7/24/07, 10:18 am


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