Legal Question in Wills and Trusts in Georgia

My dad died when I was 3 years old. My uncle took everything from me and my mother. He owned two homes, a truck and a gun safe with lots of guns. He also shared a business with my grandfather, uncle. How can I get back what should me mine and my mothers?


Asked on 5/28/12, 3:57 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I am assuming from your post that this happened many years ago, which makes it likely that the time to deal with this expired years ago. Since the answer depends on what was done, where it was done and when it was done, you may want to consult with a lawyer.

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Answered on 5/28/12, 5:20 pm

You do not tell us any of the relevant details such as when did your father die, did your father have a will, was an estate probated for your father and, if so, where, and so on. You act like you have some kind of a right to things. If your father had a will, then your father did not have to leave you anything if he chose not to do so. The same may be true of your motther but it depends on where the estate of your father was probated. Different states have different laws - in most states, a disinherited spouse can claim an elective share of the estate but your mother would have to request this. If she did not, then her right to an elective share is forfeited.

If your father had no will, then you and your mother would be the intestate heirs (assuming you were born in wedlock and your parents were married if this is Georgia). However, the estate from your father either was already probated or was never probated. In either case, there is a good chance that this happened long ago as noted by Attorney Ashman and that any statute of limitations has already run, To the extent you could trace assets, you might be able to pursue some kind of action against your uncle, but again, you have a statute of limitations or laches problem.

The best advice is that you need to see if an estate was probated for your father in the county/state where he lived at the time of his death. Make a copy of the will, if any, the inventory and accounting and pay a probate lawyer to review the documents for you and advise you of your rights.

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Answered on 5/28/12, 7:34 pm


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