Legal Question in Wills and Trusts in Georgia
My grandmother died in January of this year. She had 3 children. My uncle who is the executor of the will has yet to have it probated. He won't even allow me to see the will or have a copy. Unfortunately, my mother passed away last year and she was the only girl. Before my mother passed she told me that her name was on the deed to the house. I know that my grandmother left my mother some things but I am not sure because my uncle won't let me. Please let me know what recourse I have. Thank you.
2 Answers from Attorneys
Until you get a lawyer, you have no recourse. You should have done that months ago.
You can check at the register of deeds in the county/state where the land is located to see who is on the deed. That part is easy. You do not tell us if your grandmother resided in Georgia or not. Most states have a procedure to compel a person to produce a will if it exists. Once the will is produced and sumitted for probate, you can see the will as it is a public record and available to anyone. Obviously there are family issues and your uncle seems dilatory. It's sad, but your recourse is to obtain probate lawyer in the county where your grandmother lived at the time of your death and get the lawyer to compel your uncle to produce the will and object to him being named as the personal representative. If you succeed, you can see if someone else can serve or if a county administrator can be appointed..
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