Legal Question in Wills and Trusts in Georgia

I assume your brother was still married at the time of his death.

I also assume that he did not have a will.

I also assume that he did not give you any items before he died.

As a result, if the items are jointly owned, it would be his wife's unless a creditor has a security interest in the item. If the items are in his name alone, the only person who would have the right to collect the item(s) is the personal representative.

This is a difficult situation where you're stuck between a rock and a hard place. Inventory the items, send the list to the wife, and demand that she identify the personal representative of the estate. The personal representative has the responsibility to collect your brother's possessions and distribute them in accordance with law.

Has anyone sought to probate an estate for your brother? Did your brother have any kind of a written agreement with his wife where they each agreed to waive any claims against the other's estate should either of them pass? What assets did they have? Did they have any children?

Depending on what your brother and his wife owned, if your brother gave anything away prior to his death or if he had some kind or marital settlement agreement with his wife, the wife may be entitled to all or a portion of your brother's property. If there is no estate probated, you need to go see a probate lawyer in the county where you live. You need to find out whether probate is justified and what, if anything, the wife will be entitled to receive. If she is going to get the property, then you probably do not want to probate his estate.