Legal Question in Wills and Trusts in Georgia
My aunt passed away and she had no will. her house is paid for and in her name. the only relatives left are her brother (my dad) and me (her neice). we need to get the house turned over to my dad and put in his name. do we need a lawyer or is it as simple as going to the court house. do we need to involve probate court? if we do need a lawyer or probate court i have to ask.. she has one credit card we are paying off. as long as we keep it paid off will it go up against the estate if we go to a lawyer or to probate. and last we were told to get a letter of testamentary to close out her bank account will this work for the house situation too? thanks for the help!
2 Answers from Attorneys
All estates have to go to Probate Court. Without a will things are more complicated than with a will. You should definitely get a lawyer.
You can't legally distribute the house until an administrator is appointed (that is done with a letters testamentary), and until all the debts have been paid in full. the bank account cannot be distributed until the credit card is paid.
If the credit card amount is small, there may be a short cut procedure wisebut you still will be in the probate court. Feel free to call me for help.
Your father should probate an estate for your aunt. Please see a probate lawyer in the county/state where your aunt resided at the time of her death.
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