QUESTION

I am executor named on my step father's will also it states all goes to me. Why do i have to get all family to sign off on it to probate it over to me

Asked on Jun 10th, 2020 on Wills and Probate - Georgia
More details to this question:
I get everything that he had, which is valued at 13,000. My lawyer says I have to get all of his family to sign for it to be probate over to me. Why is this needed?
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2 ANSWERS

Wills Attorney serving Austin, TX
2 Awards
Ask that lawyer.  It may be Georgia law.
Answered on Jun 11th, 2020 at 5:29 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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Wills Attorney serving Alpharetta, GA
4 Awards
Please accept my condolences on the loss of your stepfather. As for your question: to paraphrase my mother, the correct answer is "because the law says so." To give you a more detailed answer: under state law, if a person dies without a valid Will, then the assets that remain in that person's probate estate after debts, expenses, and taxes have been paid are that person's heirs. The heirs of a person who was married at his death include that person's spouse, and, if the person had children, the heirs also include his children. If there is a child who died before the person and that child had her own children, then the child's children are also heirs, and so on. If the person was not married and had no children, grandchildren, or other descendants, then the heirs will be his grandparents, if any living, or aunts and uncles, cousins, etc. In other words, the next of kin receive the net probate estate if a deceased person has no Will. Your stepfather, per your post, had made a Will. However, under Georgia law, the Will that you claim was your stepfather's Will must be proven to be his actual, validly-executed Will before it will be given legal effect. The process of proving that a Will should be legally recognized as valid is the probate process. If the original Will is presented to the probate court, along with either an appropriate affidavit from a witness to the Will or a self-proving affidavit, AND if all of the heirs that the deceased person had agree to a Petition to Probate Will in Solemn Form and show that agreement by signing the Petition, then the Will is considered to have been proven valid and will be admitted to probate and given legal effect. That is why you have to have other family members sign off in order for your stepfather's Will to be admitted to probate: apparently, you were not his only heir, even if you ARE the only beneficiary under his Will, and even if (assuming the Will is admitted to probate) you will be the only beneficiary of his estate. (In fact, if your stepfather had not legally adopted you, you were not actually one of his heirs at all, even if you are the only beneficiary. Stepchildren are not heirs to a stepparent's estate.) If you cannot locate an heir, or if an heir refuses to sign the Petiition, then you have to provide notice to that heir- the law and the probate court determine how you do that. After a fairly short period, if the non-consenting heir does not make an appropriate challenge or give consent, that heir will lose the ability to challenge the Will and it will be admitted to probate. But the heirs must receive at least notice that the Will has been offered, in case they think it is not valid and wish to challenge it. The Will cuts off their legal rights as heirs, so to be fair they get notice and a chance to object. Best wishes to you, and listen to your attorney.
Answered on Jun 11th, 2020 at 5:11 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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