QUESTION
How can I account for missing items when I go to probate court to submit the will?
Asked on Sep 15th, 2011 on Estate Planning - Georgia
More details to this question:
My mother passed in September of this year. Much of the items listed in her will she gave away prior to passing. How do I account for the missing items when I go to probate court to submit the will?
4 ANSWERS
3 Awards
First you must lodge the original Will with the clerk of the Court. With regard to filing for probate, the missing items are not included in the inventory that is filed with the court. If someone asks about them, then you will need to explain the facts and circumstances associated with the prior gifting. The court may schedule a hearing on the issue if there is an objection by an interested person to determine if the asset was appropriately gifted before death.
Answered on Sep 19th, 2011 at 3:32 PM
You don't have to account for property that was not part of the probate estate because it was distributed while she was still alive.
Answered on Sep 19th, 2011 at 1:47 PM
Theodore W. Robinson
You'll tell the court that those items were given away before the date of death. Good luck.
Answered on Sep 19th, 2011 at 6:04 AM
Glen Edward Ashman
You don't. And before you go to court, you need to get a lawyer so you properly probate an estate. It is not a do it yourself project.
Answered on Sep 16th, 2011 at 11:38 AM