Legal Question in Wills and Trusts in Georgia

Our son died 5 years ago. His company he worked for now is sending us a check for 6,000 due to him from unused vacation time and taxes owed him from benefits. Is there a statute of limitations for money that can be collected from his estate. Thank you


Asked on 7/26/15, 1:39 pm

1 Answer from Attorneys

There are statutes of limitation for everything. I don't understand your question though. If your son is entitled to money, then it will go into an estate for your son. You do not indicate if your son had a will or not. I am guessing not. You also do not indicate if he was married or had any children. If there was no spouse and no children, then you and your spouse would inherit any assets of your son, assuming there was no will. However, you also do not indicate if an estate was probated for your son and whether any debts were owed by his estate. Unclear if an estate needs probated at this juncture. But you may have to if the check is made payable to your son's estate.

I think it best to have a consult with a probate attorney who practices in the county/state where your son lived at the time of his death.

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Answered on 7/26/15, 7:16 pm


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