QUESTION

My mother recently passed...I have never gotten along with stepfather..her will hasn't went thru probate court yet and he's gotten of a few things of.

Asked on Feb 03rd, 2016 on Wills and Probate - Georgia
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Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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Since you mention that your mtoher had a will, you should contact the probate court in the county where your mtoher lived and ask the court for help in demanding that the will be given to the court or even offered for probate if your mother owned any property.  You don't mentoin when your mtoher passed away, but it is unusual to try to probate a will within a couple of months of the passing.  If you are worried that your stepfather is going to steal things from the estate, you should have a lawyer write him a letter explaining that the estate needs to be probated and therefore, any property of yoru mtoher shoudl be left "as-is" until the will is offered for probate.
Answered on Feb 07th, 2016 at 7:52 AM

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Wills Attorney serving Alpharetta, GA
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Please accept my condolences on your loss. One question that needs to be answered to determine what your rights and interests in your mother's estate may be is what assets she owned and how they were held. If your mother owned assets jointly with your stepfather, then they may have passed to him automatically at her death, and you would not have any rights with regard to those. However, please note that joint ownership of an asset does not necessarily mean an automatic transfer: there are two forms of joint ownership in Georgia (I assume your mother lived in Georgia; if not, this answer may not be correct)--joint tenants with rights of survivorship (most joint bank or brokerage accounts are owned this way) and tenants in common (this is the default form of ownership for real estate and other assets other than bank or brokerage accounts). You need to see the deed or other ownership paperwork to determine how a given asset is owned. Assets that your mother owned subject to a beneficiary designation pass to the actual designated beneficiaries outside of her estate, unless the estate itself is the beneficiary. It isn't uncommon for a married person to own most assets with her spouse as joint tenants with rights of survivorship and have the other assets pass to the spouse via beneficiary designation, which can mean that there are no significant assets to pass through probate and under the Will. The Will still must be filed with the appropriate probate court by the person who has the original, within a reasonable period of time, but it doesn't necessarily have to be probated. As one of your mother's heirs, you are entitled to information about what, if anything, is in her probate estate. You are also entitled to try to offer her Will for probate yourself, or to try to force your stepfather to do so. Ideally, find a good probate attorney and get a consultation where the attorney can learn relevant facts (to the extent you know them) and help you figure out the best way to proceed. If you feel you can't afford an attorney, then the probate court may have a resource available to provide some help. For example, Fulton County Probate Court has a Probate Information Center that provides help to people who can't afford to hire an attorney and who need to address a probate issue. Best wishes to you.  
Answered on Feb 04th, 2016 at 10:33 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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