My aunt died and I believe there is a will. How can I find it?
Atlanta, GA
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Posted about 1 year ago in Probate
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My aunt died and her sister is being evasive about the estate. I believe my aunt had a will, her sister says there isn't one. She has been writing checks on my dead aunts accounts and has not put the estate in probate that I know of. She and I are the only two relatives left and we should be the heirs but she says I need to sign a power of attorney to allow her to settle the estate. I think something's wrong with this picture. Should I get my own attorney (my aunt has one but won't give me his name). How can I track down a will? I live in L.A. and she is in Atlanta Ga. I am preparing to go there next week. What is the best way for me to proceed once I get there? I don't have much money and want to do the right thing for my deceased aunt and also protect my possible inheritance. There is a house and several bank accounts involved and I don't know what else. My aunt passed on July 30 and her sister has been staying at her house, I think and as I said writing checks she says "to cover the bills". She says her lawyer told her to go ahead and do that because "Who's going to know?" Is this legal? Would a lawyer really tell her this? I am so distressed because this is sounding so very wrong.
I am so very appreciative for any help you can give me. I will be in Atlanta Mon.-Fri. only. What should I do to make the best use of my time towards protecting my aunts estate? Again THANK YOU. Most Sincerely, Kathee [Last Name Removed] - Is this your question? Add additional information Answers (3)Avvo Staff Moderator
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Posted about 1 year ago.
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You should probably get your own attorney. At minimum, make an appointment with a wills and estates lawyer and receive a consultation. After speaking with a lawyer about the preliminary details of your case, he or she will be able to tell you what your options are. Here is a list of estate planning lawyers in your area: http://www.avvo.com/estate-planning-lawyer/ga/atlanta.html . Here is a list of probate lawyers: http://www.avvo.com/search/lawyer_search?q=probate&loc=Atlanta%2C+GA . You can narrow those lists down by lawyers who offer a free consultation.
Robert W. Hughes Jr.
This attorney is licensed in Georgia.
Posted about 1 year ago.
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You need a lawyer. You should check with the Fulton County Probaet Court to see if an estate has been opened. If not, you can apply to open an estate. Once there is an administrator, proper searches and investigations can take place to determine what belongs to the estate, what bills should be paid and what assets should be distributed. It is ijmproper to write a check on the account of a deceased person.
Keith
Posted about 1 year ago.
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Yes you do need your attorney to help figure everything out. She probably got power of attorney herself, which expired at the time of the aunt's death, and is probably guilty of abuse of POA (if she doesn't provide an accounting of all monies she took, she could be found guilty). After probate is open the judge can order her to produce the will if she has it. keith345@hotmail.com (Probate Researcher)
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