Legal Question in Wills and Trusts in Georgia
rights of the adult children
my mother remarried in 1992 after being a widow for 17 years. she passed away two monthes age, her estate though small is in probate. her husband is asking her four adult children to sign a form giving up all rights to her estate. is that a normal practice? my mother initated a medical malpractice suit (still pending)for treatment that ultimately caused her death. by her children signing away all rights to her estate, does this mean they give up all rights to anything that may come of this pending suit? thank you for your help.
2 Answers from Attorneys
Re: rights of the adult children
I agree with Mr. Wood's advice with a couple of minor exceptions. First, I would think that the lawyer handling the med/mal case could adequately advise you, since, by definition, he/she is a tort attorney. Second, it can't hurt to consult with a probate attorney. Talk to the med/mal lawyer first and ask his/her advice.
Re: rights of the adult children
Do not sign away your rights, unless and until you have had an attorney review your legal position and advise you. Without the med mal case, the answer to the questions would turn on whether she died with a will or without a will and what it said. And, if without a will, simply follow the distribution statute of OGCA Sec. 53-2-1. However, with a med mal in the mix, I smell a rat. Do NOT sign the document. Hire a local tort, personal injury lawyer to advise you. Do not hire a probate lawyer. Hugh C. Wood
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