Legal Question in Wills and Trusts in Georgia

My father passed 6 months ago today in NC. I live in GA. I am the only heir and it will probibly be a small estate. My grandfather is the executor and still to this day i have know idea what is going on. I know he has a lawyer and I have called his office with the responce that he could not talk to me he was my grandfathers lawyer. I have a good relationship with my grandfather but everytime that I bring up the estate he tells me to wait and nothing has happened yet. it has been 6 months. Should I contact my own lawyer?


Asked on 4/09/11, 10:20 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

His lawyer can't advise you. If you feel something is wrong and the amount justifies it, schedule a consult with your own NC lawyer. The cost of a consult is minimal, so that is probably wise at this point, just to be safe.

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Answered on 4/09/11, 10:28 pm

I can't explain your grandfather's conduct. He ought to keep you reasonably notified. The estate lawyer is not your lawyer and will not answer questions.

You can certainly consult an NC lawyer, however, before you do, you should contact a clerk in charge of the estate division in the county where your father lived at the time of his death. Arrange to get a copy of the entire estate file. If your father passed 6 months ago, the will (if there was one), letters testamentart (if there was a will) or letters of administration (if there was no will), publication of notice to creditors and an inventory should be in the file. Of course, this all would depend on when the estate was opened.

However, the inventory will at least tell you what is in the estate.

Did your father have anything like an IRA, 401(k) through his employer, life insurance or annuities or anything like that? These are non-probate assets meanining they do not go through the estate. While your grandfather as the personal representative may file a claim, if he is not the beneficiary then the claim should be filed by you if you are the beneficiary. Nothing stops you from contacting an old employer or place where your father held his life insurance if you know of it.

Since your father died 6 months ago, final tax returns will need filed - nothing can be done until final taxes are paid so in honesty, your grandfather may be telling you the truth. However, you need to see if your father had a will, if you are a beneficiary in the will or otherwise and if an inventory has been filed listing your father's assets.

If your father had a will, are you a named beneficiary? This comes as a shock, but your father could, if he so chose, disinherit you and leave everything to your grandfather. If there was no will then you would be the only beneficiary as your father's only child.

Did your father have a spouse? If so, she would also be entitled to a portion of his estate.

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Answered on 4/11/11, 9:16 am


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