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.
1 Answer from Attorneys
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