Legal Question in Wills and Trusts in Georgia

My father passed on December 5,2016 in Lawrenceville, GA. I LIVE IN TX. I SPOKE TO AN ATTORNEY WHO SAID HE HAD A WILL OF MY FATHER'S AND THAT HE LEFT EVERYTHING TO SALVATION ARMY. I ASKED THIS ATTORNEY IF THE WILL WAS FILED IN COURT FOR SAFE KEEPING, HE SAID NO ... (MY DADDU ALWAYS SAID IF A ATTORNEY OR ANYONE SAYS THEY HAVE A WILL ON ME AND IT HASN'T BEEN FILED FOR SAFE KEEPING IN COURT ITS FAKE.) NOW THIS ATTORNEY STILL HAS NOT SENT ME ANYTHING AS OF TODAY NOR HAS HE FILED TO PROBATE THIS WILL. I THINK THIS ATTORNEY IS SKETCHE . HOW LONG DOES HE HAVE TO PROBATE THIS SO CALLED WILL? AND CAN I FILE AS ADMINISTRATOR OVER HIS ESTATE? And can I file it in Texas?


Asked on 2/27/17, 12:28 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

If your father was a Georgia resident, probate would be in Georgia. While a person can leave a will for safekeeping in Georgia with the court, very few people do it that way. Wills are supposed to be filed after death whether or not there is a probate, but no deadline would have been violated at this point. If there is enough of an estate to matter youshould talkto a Georgia lawyer. Yes, you can file to administer the estate and, if there is a will, that is one way to flush it out. Don't do anything without a lawyer.

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Answered on 2/27/17, 1:57 pm


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