Legal Question in Wills and Trusts in Georgia

Can I file on behalf of my children

My father-in-law passed away in July 2002. There was a will dated 1990 that left everything to his only child, my (now ex-)husband. Before he died, he mentioned that he was leaving everything to his grandchildren (my exhusband's and my children) although we have not found it. My ex-husband has not probated the will or filed taxes on his father's estate.

Since the will has not been probated, can I petition on behalf of the children? Or does the will stand? Is there a time limit of when a will must go to probate before the state seizes the assets? Is it worth fighting over since he owes taxes, (plus interest and penalties)and final expenses? The estate is worth less than $100k.


Asked on 1/19/05, 2:40 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Can I file on behalf of my children

You should consult with a local attorney to see whether it's worth it to pursue this matter. Since your ex won't come forward and probate the will, you or anybody else can apply to be appointed as the administrator of the estate. Then you can serve subpoenas to produce the will, financial documents, etc.

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Answered on 1/19/05, 4:10 pm


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