Legal Question in Wills and Trusts in Georgia

Ex-husband creates a potential problem depending on when the will was written and what was left to you, what he owes, etc. Before doing anything see a lawyer.

I would agree with Attorney Ashman, but your post leaves out many details. When were you divorced? When was the will made? Before or after the divorce? Is your son also the son of your ex-husband or the child of another marriage/relationship?

Why did the landlord "put you out?" You can only be evicted for non-payment of rent in general (unless there is some other issue). Are you referring to the fact that your husband rented an apartment or home? In such case, the landlord will want you to move your husband's possessions so that the unit can be re-rented to someone else. Of course, anything is negotiable and if you were to pay for the rental if you needed a bit more time a reasonable landlord would not necessarily object.

The answer to your question is absolutely the will needs filed. If your husband had little to no assets and lots of debts, then it may make more sense to just file the will and write to the creditors and tell them there will be no probate as your ex-husband had no assets to justify probate. If he owned land or a car or other items, then someone may have to petition for probate of the estate.

Whether an estate is probated or not depends on what your husband owns and owes. While you should see a probate attorney, if money is tight, then take the will to the register of wills of the probate court in the county where your husband lived at the time of his death (I assume that this was in GA). Bring a list with you of what your husband owned (land, car or other big stuff like bank accounts etc.) and a list of your husband's biological or adopted children. Even if you are divorced, you could still be the executor if the will was made after the divorce. You may or may not want the job though. If the will was made prior to the divorce, then there is a problem since the divorce would cause the courts to pretend that you had died before your ex-husband.