Legal Question in Wills and Trusts in Georgia
probate laws in Georgia
My father recently passed away. Even though he had a will leaving everything to my Mother, I had heard that everything automatically went to the wife at death and there would be no probate until our mother's death. However, we have been told she has to go to probate court because of his death.Is this true?
2 Answers from Attorneys
Re: probate laws in Georgia
This is an example of what I see every day: WRONG understanding of the law. (Not your fault; you just "heard" something that is incorrect.) Had your father died without a will, everything would go equally to your mother, you and possibly other siblings. She will most likely need to probate the will, but maybe not, for reasons too lengthy to explain here. Consult with a local attorney. If would like to discuss, feel free to call me.
Re: probate laws in Georgia
Most property does not pass automatically, and a probate usually is needed. It is very important that she talk to a lawyer promptly to get it done right. Call me if I can help.
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