Legal Question in Wills and Trusts in Georgia
Does my father's will need to go to probate after his death?
My father and mother jointly purchased a home in the 1970s in which my father signed the deed with no survivorship rights. He has since passed away. My mother is now closing on the house and was told that she could not without me signing a Quickclaim Deed. My father's will stated that everything would go to my mother. Does this need to go to probate if I am interested in receiving my share? Would his will over ride his signature of no survivorship rights to my mother? Should I allow it to go to probate or sign the quickclaim deed? Thank you
1 Answer from Attorneys
Re: Does my father's will need to go to probate after his death?
No one can answer this without a lawyer reading the deed and the will. It was a major mistake not to do a timely and propoer probate, and that could cause other future problems. Do not do anything until you retain counsel.