Legal Question in Wills and Trusts in Georgia

Re: Locating fathers will

State statute requires anyone in possession of a decedent's will to deliver it to the probate court in which the decedent resided at the time of death. So, I recommend that you first make an inquiry to the clerk of the local probate court. In your situation, however, it sounds likely that this state law requirement may be ignored by your self-interested stepmother if in fact there is a will unfavorable to her. As a second step, I recommend that you contact your father's friends, acquaintances and advisors. Even if your are unable to locate the original will, you may be able to locate the attorney who prepared the will.

Re: Locating fathers will

Well, by law, whoever is listed as the Exector is supposed to file the Will in the County in which the deceased last had a residence. (There is an exception if he or she died in a nursing home and had a main residence in, say, Atlanta, but I will skip that analysis.). If the Will left everything to the evil stepwife, well then, she gets it all and the daughters are out of the picture. The terms of the Will will control. If you know who the executor is, call him or her up. If not, contact the Clerk of the Probate Court in your dad's county of residence and ask them how to proceed. HCW