QUESTION

Both of my parents have been dead for more than 10 years. They both had wills but they were never probated. Is there anything I can do

Asked on Jul 25th, 2017 on Estate Litigation - Georgia
More details to this question:
to get their estate divided among their 3 children, which is what was in their wills?
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1 ANSWER

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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Assuming there is property that passes through the probate estate, you will need to open the estate of the person whose name is on the asset. For example, if your parents own a house jointly, and their wills leave everything to each other and then the children, you will need to file the wills of your parents with the probate court. You will need to open the estate of the last of your parents to die first.  Once that estate is open, you will need to open the estate of the first of your parents to die.  Once both estates are open, you will prepare a deed for the first to die transferring the property to the second to die.  You will then prepare a deed transferring the property from the second to die to the beneficiaries under the will.  Of course, rather than transferring it from the second to die to the beneficiaries, you could sell the home and distribute the cash as directed by the will.
Answered on Jul 26th, 2017 at 5:18 AM

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