QUESTION
Given that over three years have passed without any additional legal actions, do I have any rights to these assets before pursuing my own Petition for
Asked on Aug 14th, 2025 on Wills and Probate - Georgia
More details to this question:
My father passed away in October 2021 in Gwinnett County, GA, without a will. His wife filed for a year's support and was awarded their property. There are other heirs, including my brother and me, but we haven't been in contact with her about my father's remaining assets, such as bank accounts, cars, and musical instruments. I hired an attorney to file an Amended Caveat and Objection to the Year's Support Petition, but records show it was never filed.
1 ANSWER
Family Law Attorney serving Newnan, GA
Partner at
The Barnette Law Firm, LLC
Yes, you are entitled to file a petition to probate the intestate estate of your father. Just because his surviving wife was awarded year's support does not automatically entitled you to receive any assets he left, especially if you and your siblings are not in agreement about his assets.
File the petition in the county where he lived/owned property at the time of his death. Hope this helps! Good luck to you!
Answered on Sep 01st, 2025 at 3:35 AM