QUESTION

I am an only child and my mother just recently passed. She had a will naming my father as first, who deceased in 2014 and then everything to me.

Asked on Aug 24th, 2020 on Wills and Probate - Georgia
More details to this question:
Do I have to go to probate?
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2 ANSWERS

Wills Attorney serving Alpharetta, GA
4 Awards
Please accept my condolences on the loss of your mother. As for your question, you may well have to offer your mother's Will for probate, but without knowing what she owned and how she owned it, it is not possible for anyone to actually tell you whether you need to do so or what else you need to do. The reason for that is as follows: When a person dies, there are three basic possibilities as to how what she owns transfers to others. 1. If your mother owned anything with another person as joint tenants with rights of survivorship (which is the default form of ownership for joint accounts in Georgia but NOT the default form of ownership for jointly owned real estate), then the surviving owner already owns 100% of those assets, any may not need to do anything (other than make sure her name and Social Security number are no longer showing on any accounts). 2. If she owned anything like life insurance, an IRA, or certain other accounts under a beneficiary designation, which includes a payable on death (POD) designation or a transfer on death (TOD) registration, then the beneficiary needs to contact the insurance provider or institution that holds the account or the security and find out what paperwork needs to be provided for the beneficiary to collect the assets. 3. If she owned anything that was not subject to a right of survivorship or a beneficary designation, then those assets must be controlled by her Will, and you will need to have the Will admitted to probate and thereby made legally binding in order to receive those assets. You may also need to file final income tax returns or other returns for her, and to pay bills and expenses out of the estate's assets. Find a probate attorney and schedule a consultation. The attorney can help you figure out what you need to do and how to proceed.   Best wishes to you.
Answered on Aug 25th, 2020 at 6:23 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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Wills Attorney serving Austin, TX
2 Awards
A Will has no legal effect until it is admitted to probate.  Hire a probate lawyer who practices in the county in which your mother died to help you.
Answered on Aug 25th, 2020 at 5:46 AM

This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.

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