Legal Question in Wills and Trusts in Georgia

My dad left when I was little. He tried to find me a couple of times, but family kept information from him to keep him away.

I just found out that he died in 2002. I have recently spoken to my dad's family. He was married, but seperated from his wife, not legally though. No one could prove anything. She took everything he had, would not let his family on the property and threatened to have them arrested if they tried. He had a large life insurance policy, as well as a business, a home, and numerous vehicles.

She took everything and sold it. He did not have a known will.

My dad's family is now wanting me to try to get the money that I am entitled to being his only child. Is this even possible?

I wouldn't even know where to start. I will be 29 on the 12th of this month. My father lived and died in Georgia, and I live in Virginia.


Asked on 8/04/11, 6:34 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You posted the same question before, and while you added two details, they don't change the answer much. You have already waited too long and should get a lawyer (in Georgia in the area where he lived) immediately.

Georgia does have laws that could have permitted the spouse to claim the whole estate as years support and disinherit a minor child, and those may or may not come into play here. So you may possibly have no claim. But get a lawyer just in case.

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Answered on 8/04/11, 6:37 pm

You are going to have to contact a probate lawyer in the county in which your father lived in Georgia but you first should contact the probate court like I said and see if an estate was ever probated.

You state that your father's wife "sold everything." The problem is I don't know how things were titled. If the house, for example, was owned by your father and his wife with a right of survivorship, the house would pass to the wife automatically. I don't know how your stepmother could have sold the cars or business or what these assets were worth unless she probated an estate. Did she know of your existence at all? You would have been entitled to a share. If she paid over your share to the estate (maybe she could not find you) then you would have to contact the Georgia treasurer or the probate court to see if they have any funds for you. It is more likely that she did not list any heirs and lied. In such case, perhaps you may have a remedy and you would have to talk to the probate lawyer about that,

The other thing which you did not mention is whether you are legitmate (a child born in wedlock) or whether you were legitimated in some way even though your father was not married to your biological mother. Its really important, A child who has not been legitmated or whose paternity is not established may not be able to inherit at all. And there are time limits for asserting paternity which have expired here. Again, these are all questions that you need to ask the probate attorney.

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Answered on 8/04/11, 8:54 pm


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