Legal Question in Wills and Trusts in Georgia

Death with Unsatisified Divorce Decree

My ex-husband died suddenly 5/9/01 without a will, leaving our 24 year old Son as heir. My Son and I are estranged. I have delivered copies of the Divorce Decree to the Probate Court only to be told that they were returned to the Administrator. I also sent a copy of the Divorce Decree along with a claim for the unsatisfied amount due to my Son and Administrator. I have tried to contact them, without any response. My question is how do I collect the monies due me? Is it possible to put a lien against the property?

Thank you for your help.


Asked on 11/22/01, 12:58 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Death with Unsatisified Divorce Decree

You have many Qs in a small paragraph. You are aware, I suppose, that the 24 yr old is the sole heir/owner under OCGA 53-2-1. Exwives do not take. As for unpaid past claims, you need to file a formal claim against the estate within 6 months after the appointment of the Administrator. Ask the Clerk of the Probate Court or a local probate lawyer how to file it. Some divorce claims dont survive death; so, you may need a lawyer to advise you concerning whether the unpaid awards in the divorce decree are extinguished or survive as claims against you exhusband's estate. Hugh Wood

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Answered on 11/23/01, 10:22 am


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