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Where can I go to receive a copy of my fathers "will" in GEORGIA?: My father past away a month ago after a lengthy battle. He was in and out of hospitals (2) durning a 6 month period. I believe he had his will done at the Veterans Hospital in Atlanta but he lived in Cleveland GA (don't know protocol about where this would be filed). My step mother has refused to give anyone information on his will, where it was done, and what was in it and will not respond to any messages.

Where would I go to get a copy of this? Can I get a copy?

Again, my resources are limited because she is the only one with that information and after 30 long days I have to assume she is not going give anyone the info.

I understand that I may need an attorney going forward but I wanted to just see if this was an option first.

Asked 2 months ago in Probate

Robert’s answer: First, 30 days is a very short period of time and I would not make much of the fact that your step mother has not filed the will in this short a period of time. I would guess that a couple of months would be closer to average. That said, if she has the original will and you want it filed right away, you can petition the probate court to require her to bring the will to the probate court and file the same. It would normally be filed in the county that he considered his home.

Answered 2 months ago.


Can an executor of an estate sell a property to pay taxes if he also has a life estate in the property?: My mother left a life estate to her husband in a commercial building that she owned outright. She left me, my brother and sister the remainder. Her husband is the executor and wants to sell the building in order to pay taxes on this property as well as two other properties because there are no liquid assets in the estate. Can he do this since he also was given a life estate in the property? I thought the only way he could sell this property is if everyone agreed to sell. Also would note that my mother passed away four years ago. He has done nothing since this time and taxes have accumulated for the properties. He has not deeded the property showing he took the life estate, but now wants to sell and receive a cash value for his life estate even though he hasn't paid any taxes on the property for four years. Seems he just wanted to avoid paying taxes and now wants cash.

Asked 2 months ago in Probate

Robert’s answer: Your question reveals that the estate is quite complicated. Life estates come with many different obligations that usually are set out in the will. Without any guidance from the will, the life tenant is responsible for ongoing expenses of the property.

Answered 2 months ago.


Do I have any legal recourse to obtain the status of my deceased father's estate?: My father died 2 1/2 years ago. My brother is the personal representative for the estate which is in probate in the state of Georgia. I am named in the will as one of the beneficiaries. My brother made two disbursements of estate funds to the beneficiaries in the first year after my father's death. The most recent was 1 1/2 years ago. At that time my brother stated that he was retaining some estate funds (about 6% of what he had disbursed) in case additional medical bills came in. I have had no communication from him in the past 1 1/2 years. I live in Tennessee.

Asked 2 months ago in Probate

Robert’s answer: The easiest thing to do is send him a letter asking for an update on the estate and ask him to conclude the estate in 30 days. If he fails to close the estate or explain the reasons for not closing it, you can file a Petition for Settlement of Accounts with the probate court. The court will demand that executor explain himself.

Answered 2 months ago.