My dad died 1 yr ago. Me and my sister recently found out his wife file papers in probate court stating he didn't have a will

Asked 6 months ago - Atlanta, GA

but he told my sister he did have a will and that she had no contact info for us when she actually did. what do we do to contest his estate? She has been selling off and giving away all of his items and has not contacted us and in the state of GA she is only entitled to 1/3 of his estate. Also I found out he had a pending settlement lawsuit for the asbestos case in Alabama. How do I find out who was the attorney and what's the status?

Attorney answers (4)

  1. John Cleveland Hill

    Contributor Level 7

    5

    Lawyers agree

    Answered . Assuming that he passed away while residing in Georgia and that the probate action is pending in Georgia, most of the probate filings should have required that you served with notice proper notice. You should contact or go to the probate court in the county where your father resided and ask for a copy of all pleadings filed with respect to your fathers estate. You will have to pay for those copies. I would then go and seek the advice of a probate attorney immediately to discuss what, if anything, can be pursued on your behalf.

    Communication on this website and the general information provided above does not and shall not constitute the... more
  2. Glen Edward Ashman

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Any probate filing should have required notice to you, be it years support or administration (in some cases using years support she MAY get the whole estate). A year is far too long to have waited, so treat this as emergency, go today (before the ice storm) to probate court to get a copy of what she filed, and then see a lawyer ASAP to review it.

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  3. Geoffry Eugene Malicoat

    Contributor Level 10

    3

    Lawyers agree

    Answered . You will need to contact a local probate litigator s soon as possible to determine what your rights (if any) are in your father's estate.

  4. Steven M Zelinger

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . You need to hire an attorney right away. If there is a will that was never admitted to probate that has to be done. Also the wife needs to be held accountable to make sure the proper distribution is carried out.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more

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