Legal Question in Wills and Trusts in Georgia

Grandfather died jan 2011, he has 2 living sons,and 1 deseased daughter, i am the deceased duaghters daughter, my understanding is that i am legally intitled to 1/3 of the estate. there is no will, my uncles have already distributed a substantial ammount of the estate i,e....... automobile, mint coin collections, other collectables,furniture antiques, etc... they have contacted me about signing a waiver to my rights for the amount of 1000 dollars and a few peices of furniture, they did not want.all i want is what i am legally intitled to seeing as how there hatred for my mother negates anyhting fair as of now i have been cursed out threatned to have police called if i go to my grandfathers house for any reason and now just general harransment via.. email text and phone calls i have asked for no further communication untill i can consult an attorney with no result please any direction from u guys would be greatly appreciated.


Asked on 4/05/11, 7:34 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You already answered your own question. You need a lawyer. You should have already hired one. The time you spent posting here, which won't help your case, needed to be spent calling lawyers. Each day you chose not to hire counsel you lose more of your case. Each time you interact with the other parties you also harm your case. In the morning, hire a lawyer.

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Answered on 4/05/11, 8:00 pm

You do not indicate whether your grandfather was survived by his wife and where he lived at the time of his death. Different states have different laws, so it is important. Assuming that it is Georgia and that your grandfather had no wife who survived him, then OCGS Section 53-2-1(3) provides that you and your siblings, if any, will inherit your deceased mother's share.

Since neither I nor other attorneys know what assets are in the estate (besides what you have outlined) and their value, you should not sign any papers propounded by your uncles until you have spoken with a probate attorney.

Further, it is way too early to be making any kind of a distribution and I question whether your uncles have probated an estate. Even though there is no will, there still must be probate. I do not know what claims there may be, if any, against your grandfather's estate and any claims must be paid before you or anyone else inherits anything.

Please see a probate attorney in the county/state where your grandfather lived at the time of his death in order to protect your rights. Before you do, check with the probate court to see whether an estate for your grandfather has been opened and, if so, make a copy of important documents (petition for letters of administration/letters testamentary (any will if there is one), an accounting, notice to the heirs, etc.).

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Answered on 4/05/11, 8:13 pm


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