Legal Question in Wills and Trusts in Georgia
i am named as personal representative on my late wifes will. my son in law says he wants to act in my place i say no its not legal and i will do it. am i correct
3 Answers from Attorneys
We haven't read the will, so there's no way to answer you.
If the will names YOU as the primary personal representative, then you have to serve if you are otherwise qualified. If you are not qualified or if you do not want to serve, then anyone else named in the will as a secondary personal representative can serve. I would take the will to a probate attorney in your county of residence and allow him to assist you in probating your wife's estate.
Open up a matter in probate court. You should be able to qualify as a personal representative as her former husband.
For more information about probate court go to the Georgia Probate Court website:
www.gaprobate.org