Legal Question in Wills and Trusts in Georgia

I am attempting to petition to be the administrator of my father's estate as he did not leave a will when he passed away. I've filled out the appropriate paperwork and taken it to the probate court in the county where my father lived. There are 4 living heirs to his estate: my sister, his wife (step mother), her son (step brother) and myself. The clerk of the probate court told me that all heirs must agree with my petition and waive some sort of bond before I could file the paperwork. She informed me that if I didn't have a notarized agreement letter from each of the heirs that I would be required to get some sort of bond against my fathers estimated estate value. I am concerned that his wife won't agree to (or will simply ignore) any paperwork that I give her to sign. His estate is fairly significant (7 figures). What steps do I need to take? I'd like to get moving forward, but cannot afford any sort of bond fees. Any advice at all is appreciated


Asked on 9/17/09, 10:26 am

2 Answers from Attorneys

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

In the first place, those folks in the clerk's office, well-intentioned though they may be, are not supposed to give legal advice. You should consult with a local attorney to get experienced advice about what you need to do. Call around; some attorneys don't charge for initial consultations.

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Answered on 9/22/09, 10:48 am
Paula McGill Paula McGill Attorney at Law

If your father's estate is seven figures, an attorney with experience should be eager to represent you in the matter. You should interview several attorneys who are used to dealing with large estates. Select the one who fits your criteria.

(Licensed in Georgia).

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Answered on 9/26/09, 9:15 pm


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