Legal Question in Wills and Trusts in Georgia
Pre-Trial Order
I filed Pro-se probate for my deceased husband in order to file a lawsuit for wrongful death. I was unable to obtain a lawyer to handle the case so I requested the court to close the probate. My husbands adult son in Prison in NJ, requested the court to look into my real estate property and an award, awarded to me in another state for a workmens comp injury my husband sustained many years before. My real estate property is jointly held in mine and my husbands name and the attorney handling the w/c case said the award was not subject to probate nor division to an adult child.
I live in another state and am on SSI, but the court said I have to attend a court hearing. I know his son will not be able to attend because he is in prison. I don't know what to do.
1 Answer from Attorneys
Re: Pre-Trial Order
The only logical thing for you to do is hire an attorney to represent you at the hearing - or else work out something with the Probate Court. You would not want the court to appoint someone such as the County Administrator to finish the probate in your absence. Most Probate Courts would be concerned that creditors are paid, taxes paid, etc.