Legal Question in Wills and Trusts in Georgia

My Question is myself and my sisters are the Heirs to my Dads Estate which from what we are be lead to believe from the Excuetor of the will my Aunt that the only asset of his is house. It has been a year since my father passed away and she keeps telling us it is court at the Probate office but the Probate office says it is up to her to get this setteled and they don't have anything. As heirs we have not recieved any information concerning the contents of the home and how they were disposed of his bills or bank accounts or insurance policies please advise of what we can do to get her to finish his Estate? The house is located in Ga


Asked on 4/07/11, 9:33 am

1 Answer from Attorneys

Get up with a probate lawyer in the county where your father's estate is allegedly pending.

Before you do, don't just take your aunt's word for it. Go to the probate court and see if an estate was opened for your father. If so, make a copy of all relevant documents (will, inventory, accounting, notice to heirs, etc.). Wills and papers are a public record so if they are there, you can see them. If they are not there, then there is nothing to show you.

Your aunt would have to be formally appointed as the personal representative of the estate in order to get the claim forms. However, she does not get to keep the money - whoever is named on the claim forms for insurance or pensions and the like usually has to make the claim. If you are not the named beneficiary, then its not your aunt's job to tell you about that. Bank accounts and bills should be listed on the inventory and accounting if an estate was probated.

If there is nothing there, as I suspect, then your aunt is blowing smoke. You or anyone else can petition the probate court to become the personal representative of your father's estate or you can compel your aunt to produce the will and probate the estate or face sanctions (assuming your aunt is named in the will). A probate lawyer can better advise you.

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Answered on 4/07/11, 9:48 am


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