Legal Question in Wills and Trusts in Georgia
I am the executor of my Mother's will
My mother died 12/29/04 in Cumming, GA. She was living with my sister. How do I find out about mom's checking and savings account information? I have mom's handwritten will stating her final wishes with regards to monies and where she is to be buried. My sister is not cooperating with me. What are my legal rights and how do I make sure my mom's wishes are met?
4 Answers from Attorneys
Re: I am the executor of my Mother's will
You should consult with a local attorney who can fully explain the process to you, but, in a nutshell, you should file a petition to probate the will. Once you are offically appointed executor, you can inquire of the local banks about accounts.
Re: I am the executor of my Mother's will
The nominated executor should probate the will in the probate court where your mother was a resident. If the hand written will is properly proved then the executor will be granted Letters Testamentary. The Letters can be used to gain access to information at the bank. If the accounts were owned jointly with another, such as your sister, they may not pass under the will. You need loacal council to advise you of your specific right as a beneficiary.
Re: I am the executor of my Mother's will
First, file the will in a petition for probate. You will need a lawyer to do this. You will be issued Letters Testamentary which you can use to get information from the local banks.
Re: I am the executor of my Mother's will
You need to have the will probated by the probate court of the county in which your mother lived. You should then have authority to retrieve account information.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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