QUESTION

How can I get access to a will and have it carried out

Asked on Oct 14th, 2014 on Wills and Probate - Georgia
More details to this question:
My aunt passed December 31,2012. When she died I was included in her will as a beneficiary of the house, however Im not allowed in the house and now her daughter is stating that the will does not exist but Ive read the will and I know that it was untrue, and I talked to the police, and Im looking to sue the family for my half of the home, however I would like to know my next step.
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
Unless you have a copy of the Will which you claim to have seen, you really don't have any guaranteed way to get access to it. You would not be one of your aunt's heirs if she has any living child or other descendant, and you say she has a daughter. This limits your ability to do anything with regard to the estate, because you do not have any interest whatsoever in it unless you can prove that you are a beneficiary under a valid Will. You can get a copy of the probate court's file for your aunt's estate, assuming your aunt had her principal residence in Georgia, because that is a public record. If a Will was filed, you would be able to see a copy of it that way. If you believe that the daughter is lying and has hidden or destroyed the Will that you read, and either no Will or a different Will was offered for probate, you will likely have to have at least a copy of the Will you were named in in order to get into court at all. Unfortunately, if you want to pursue this, your recourse is not with the police. You will need to get a good estate and trust litigator and have that person discuss the situation, review any evidence that you do have that the Will you describe actually ever existed (your word alone will not be enough), and let you know whether they think you have any chance of success and how to proceed if you want to do so.
Answered on Oct 15th, 2014 at 5:33 AM

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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