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What to do if the estate attorney is not listed in the probate court's records?

Macon, GA |

I am a heir to my grandmother's estate; however, I have not received any information regarding the content of the will. My aunt filed my grandmother's will with the probate court and was granted "Administratix c.t.a" of the estate. I believe she has an estate attorney; however, she is not disclosing his name or contact information. I contacted the probate court to obtain the attorney's name/information, however, he is not listed in the records that the probate court has on file for my grandmother. When filing the papers/will, my aunt did not list the attorney's name and the attorney did not sign the documents. Despite this fact, I am almost certain there is an attorney over the estate. Thanks!

Attorney Answers 4

Posted

If there is no attorney of record, you need to talk directly to your aunt. You should have received information regarding the Will when it was offered for probate, if you are truly an heir to the estate. You should be able to get a copy of the probate court filed documents, including the Will, if you haven't already, and then any questions you have should be directed to your aunt. If you have concerns, however, you should also consult your own attorney. Even if your aunt has an attorney, that attorney represents her, not you, and you would need your own attorney for advice regarding your interest in the estate and your rights.

This answer is not intended to provide you with specific legal advice regarding your situation, or to create any attorney-client relationship. The intent is only to provide general information. You should be aware that you cannot rely on this answer to provide you with any protection against tax penalties. You should always consult your own attorney in order to obtain legal advice.

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Posted

At this point it would appear that there is no attorney of record, so it is the best course of action to contact her directly. You might hire your own attorney to prod things along if you suspect she will better respond to that course.

This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/

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Posted

I would suggest you immediately retain independent counsel, probably wouldn't take too much time or money to figure out what is happening. Besides its a good investment for peace of mind.

Legal disclaimer: This answer does not constitute legal advice. I am admitted to practice law in the State of Missouri only, and make no attempt to opine on matters of law that are not relevant to Missouri. This answer is based on general principles of law that may or may not relate to your specific situation, and is for promotional purposes only. You should never rely on this answer alone and nothing in these communications creates an attorney-client relationship. less

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Posted

The attorney may have provided advice only and is not attorney of record. If the attorney was of record, his or her name would be in the file. Contact your Aunt directly, or better yet, hire your own lawyer and get in the driver's seat.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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