QUESTION
Is it possible to get my grandparents estate and how do i go about it?
Asked on Oct 17th, 2016 on Estate Litigation - Georgia
More details to this question:
My grandmother passed away then followed my grandfather a month after. Im not sure if they were still legally married or not but neither of them had a will. I want their estate everything was in my grandmothers name. My aunt wants to sell it. But i would like to get all her debts to pay on and get her estate if thats possible. And if it is possible how would i go about doing that? I dont want to sell it and get money i want to keep it and fix it up and move in.
1 ANSWER
Probate Litigation Attorney serving Lawrenceville, GA
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Any heir or creditor can file to have a permanent administrator appointed. If your parent who was related to your grandmother and grandfather has passed away, you stand in that parent’s shoes. So, you are on equal ground with your aunt. Either can apply to be appointed administrator. The court will decide who can be the administrator if more than one person wants to be the administrator. Administrators have to gather all of the assets, sell enough assets to pay off the debts, and distribute the remaining assets to all the heirs. Of course, all of the assets can be sold and the proceeds divided after the payment of all debts. To apply for administration, you should go to the probate court in the county where your grandparents lived and file a Petition to Appoint Administrator. That form is available at the probate court.
Answered on Oct 18th, 2016 at 5:30 AM