Legal Question in Wills and Trusts in Georgia

Incarcerated Vet died with 2 surviving daughters

I am the ex-spouse, and considered spouse, of a recently deceased vet b/c I am the mother of his 6 yr old child. Her daddy died while incarcerated at Augusta State Medical Prison for the past 4 years and the death was recorded in Richmond County. How do I find out what his assets are and if he filed a will? Who would have probated the will? My daughter is entitled to 1/2 his assets and I want to petition the court on her behalf. Which court? Where? How do I start? He had a girlfriend he lived with prior to his conviction, could she claim common law marriage even if he was in prison at the time of his death? He was not re-married at the time of his death. He has another daughter in Fl, 26 yrs old too. I am acting on this for both his daughters. Please advise how to recover any monies due to his 2 daughters. Thank you for reading this and hope to get sound advice on my dilemma. Please help the daughters of a deceased vet.


Asked on 2/26/03, 11:34 am

2 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Incarcerated Vet died with 2 surviving daughters

Your questions are too complicated to answer in this type of forum. You should consult with a GA atty. who can explore all your options.

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Answered on 3/01/03, 11:54 am
Bobby Lott, Jr. Attorney at Law

Re: Incarcerated Vet died with 2 surviving daughters

You should definitely retain an attorney locally in the jurisdiction where you live to help you in this, but in general, the first thing you should do is contact the county probate court where the person died and check the status of his estate. Tell them you are his spouse and may have a claim to the estate.

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Answered on 3/07/03, 9:46 am


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