QUESTION

How do I find out if my grandmother left my son or me anything when she passed

Asked on Aug 22nd, 2018 on Wills and Probate - Georgia
More details to this question:
My grandmother recently passed July 18th 2018 and two years prior to her passing she was talkin to me as well as other family members about divorcing her second husband of 44 years do to him involving my sister in their finances she also was under the impression that he had cheated on her one thing that my grandmother always made well-known was that I would always be taken care of and I will always have a place to live but always have at home and she said she would see that so I'm a hundred percent sure that she had some kind of legal document I'm not sure what kind but I know she had one somewhere prior to us finding out she had been diagnosed with dementia and Alzheimer's when my grandmother passed away my sister informed me that her step grandfather my adopted father was entitled to everything that my grandmother had because they were married but I'm wondering if they may have influenced my grandmother to change her legal documents after being diagnosed with dementia and Alzheimer's
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
Please accept my condolences on the loss of your grandmother.   If your grandmother left a Will, and if the Will has been offered for probate, or if she had no Will and a Petition for Letters of Administration has been filed, or if just a Petition for Year's Support has been filed, then you can get a copy of whatever has been filed from the probate court of the county in which she had her principal residence (please note: I'm assuming she lived in Georgia- if not, this answer won't be correct). You can call the clerk with your grandmother's name and date of death and ask if there has been any probate court filings for her estate. If so, ask the court how to get a copy. You may need to either go in person with a check or send a letter along with a check for the amount of the fees; if so, the clerk can tell you how much it will cost, what you need to send, and where you need to send it.   If there has not been any probate court filings and you believe that your grandmother had a Will, you can file a petition to compel production of the Will. However, this option is litigation. You will need to hire an experienced estate litigation attorney to represent you.   In the meantime, if you are asked to sign any paperwork, have a probate attorney review it before you sign anything. Otherwise you may find out you have given up your rights, if you have any.   Finally, if you are told that your grandmother had no Will and that all assets were either jointly owned by her and your stepgrandfather or designated him or someone else as a beneficiary, and if you really believe that fraud or undue influence led to that result rather than it really being her intent, you'll also need to hire a good estate litigation attorney. That's an even harder battle, however. Be prepared to spend a lot of time and money.   Best wishes to you.
Answered on Aug 23rd, 2018 at 5:28 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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