QUESTION

GBI HOLDING WILL 7 YEARS NOW HOW CAN I GET IT

Asked on Jul 31st, 2015 on Wills and Probate - Georgia
More details to this question:
xHUSBAND DIED GAVE WIL TO GBI AGENT ALONG WITH INFO ON DRUG SITUATION. MOTHERINLAW HAS ACCESS TO FUNDS AND SPENDING, GBI KNOWS THIS NOT DOING ANUTHING. TALKED TO LAWYER WHO WAS HIS FRIEND CALLED HIM. GBI TOLD HIM HE DIDNT REMEMBER HE WOULD HAVE TO LOOK IN FILE TO SEE IF IT WAS THERE NEVER HEARD FROM HIM AGAIN. LYING,
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
I have no idea why you would have given your ex-husband's Will to the GBI, but if you are certain that you did then you may need to hire an estate litigator (note: I am not a litigator, but there are many fine estate litigators on this website) and go to the probate court of the county where your ex-husband had his primary residence at the time of his death. Petition the probate court to have the GBI agent in question forced to produce the Will. It is against state law for someone who has possession of a deceased person's original Will not to turn the Will over to the appropriate probate court within a "reasonable time" after the person's death. Seven years is well beyond reasonable. As for your mother-in-law, if your ex-husband died his accounts should have been frozen if he was the only owner. If he named someone else as a joint owner or as a beneficiary on the accounts, however, then they became hers at his death and his Will has nothing to do about it. So it may be fine that the mother-in-law is spending his funds. Whoever gets appointed as executor of the estate should look into that.
Answered on Aug 05th, 2015 at 2:49 PM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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