Legal Question in Wills and Trusts in Georgia

My father passed away today in Atlanta, and I am in St. Louis. Family is telling me that I need to make the trip down there to sign some papers, as I am the beneficiary. They are under the impression that they cannot move forward with arrangements without my signature. I cannot make this trip, and am trying to figure out legally, if there is any way these papers can be faxed to me so that I can sign them in front of a notary. If they need an actual signature, couldn't I just overnight them back?


Asked on 10/26/12, 6:00 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I am sorry for your loss.

No one here knows what you are being asked, or, why the urgency, or what is in the papers. As an heir you should sign nothing and do nothing without seeing a Georgia lawyer.

Most legal papers can't be faxed, but they certainly can be Fed Ex'd. But again, you should NOT be signing or doing anything without a Georgia lawyer, and you need one.

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Answered on 10/26/12, 6:26 pm

I am sorry for your loss but I would have to agree with Attorney Ashman. No attorney can possibly give you advice without knowing what you have to sign and why. Being a beneficiary does not imply a sense of urgency. For pete's sake - your father just passed!

The only thing that would demand attention somehow is funeral arrangements. However, you do not indicate whether your father had a spouse, or whether he had a will or other document, such as a health care power of attorney or a letter of final instructions detailing his funeral arrangements and disposition of any remains. If there is a surviving spouse in the area and there is no other writing detailing the funeral arrangements, then the spouse would make the decisions and there would be no need for your signature. If there is no spouse and you are the only child, then I can see why the family would need you to sign However, you need to be very very careful about what you are signing so as not to incur any personal liability. You don't want to find out that you are obligated to pay for a $20,000 funeral.

This is your father and I do find it a little weird that you cannot be bothered with making a trip to pay your last respects yet you are the supposed beneficiary. However, you can't travel, then I would have the family FedEx/UPS the documents to you. Get them reviewed by an attorney in St. Louis as soon as possible and if it is ok for you to sign, then FedEx/UPS them back to your relatives.

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Answered on 10/27/12, 12:13 pm


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