My daughter's grandmother died on 4/18/17. Her father contacted her saying that he has a check in the amount of $6,000 for her and that according to her grandmother's will, each of the grandchildren are to receive the same amount. He told her the check expires in 90 days. He said before he gives her the money he want's her to obtain property from me that he feels he should have received in our divorce several years ago. The Probate court in Thomas County Georgia said they don't have a copy of the will yet. How can I find out who drafted the will? Her father won't send a copy of the will so she can see if that's a provision. He also has two prison terms behind him and obviously is not a good person. Please help. Thank You.
This isn't the kind of forum that allows anyone to actually provide legal assistance. I'll try to give you general advice that may be relevant. If the probate court in Thomas County is the correct court, and they don't have anything on file, then that may mean that the estate is not actually open yet. If there's no estate open, then there are two basic possibilities: 1. The grandmother's assets all passed under rights of survivorship or beneficiary designations, so that there are no assets in her probate estate and therefore no need to offer her Will for probate. 2. Your daughter's father is trying to do things with regard to his mother's estate without doing them correctly. There is no great way for your daughter to know whether assets actually became part of the grandmother's probate estate. One possibility is to check the real estate records for any county where her grandmother might have owned real estate, to see if any land appears to be titled in the grandmother's name. But that's not actually always going to show the correct interest, especially if the family had a habit of not doing things correctly and any land may still be in another deceased person's name. As for finding out whether there is a Will, any person in possession of a deceased person's Will is required by Georgia law to turn the original Will over to the appropriate probate court for "informational purposes" even if the Will is not going to be offered for probate. Your daughter can send her father a letter, preferably by certified mail or other method where she can track delivery, demanding that he turn the original Will over to the Probate Court and let her know what court the Will was sent to. If he doesn't, she can file with the probate court she believes to be the correct one to try to force him to produce the Will and offer it for probate. If she's really a beneficiary, she should have standing even though she is not an heir (she's likely not an heir because her father is still living, but she is a beneficiary if she really is named in the Will to receive something).
If the father hasn't probated the Will, he isn't legally entitled to do anything with regard to the estate. Also, even if he were the Executor, he would be in violation of his fiduciary duty by trying to make your daughter's receipt of her bequest contingent on her getting assets from you; he's not allowed to impose restrictions on a bequest like that.
The bad news: your daughter will need to hire an attorney that is experienced in estate and probate litigation if she wants to pursue this. That may well end up costing her most of, all of, or more than the bequest she's been told she will get. If she has a valid case and if there are assets in the probate estate, she might be able to get reimbursement for her attorney's fees and costs from the estate. She should consult an estate litigation attorney as soon as possible (I am not one, by the way). Best wishes to you and your daughter.
Until a will is offered for probate, there should be no transfers of assets in accordance with the will. You can contact the Thomas County Probate Court and ask if there is a copy of the will on file or if the will has been offered for probate. Your daughter should request a copy of the will before signing or accepting anything. As for him holding her bequest hostage for a problem with you, she must assert her rights against her father.
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