QUESTION

My question is about my stepfathers Will. I

Asked on Sep 19th, 2012 on Wills and Probate - Georgia
More details to this question:
My stepfather made a Will in 1987. He died in 1999. In his Will he said after my mothers death the children were to share and share alike. My mother died in March of this year. I have heard nothing of a Will being probated. I have not heard anything from my youngest brother who was to be named Executor if my mother did not qualify. There was a lot of property and money involved. Its its been six months now. What should I do?
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1 ANSWER

Personal Injury Attorney serving Fayetteville, GA at Wade Law Office
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My condolences to you on the loss of your mother. I have to assume your mother and stepfather were both Georgia residents at their deaths; if not, this answer may not be correct. If your stepfather died in 1999 his Will should have been probated at that time, unless there were no assets which became part of his probate estate (i.e., if everything he owned was subject either to a right of survivorship or a beneficiary designation, and he owned absolutely no assets besides non-titled personal property in his own name with no beneficiary designation or right of survivorship). Unless your stepfather's Will created a trust to benefit your mother during her lifetime and then pay out after her death, his Will should have nothing to do with what happens after your mother's death. If your mother did not have a Will of her own, then the Georgia rules regarding what happens when someone dies intestate (without a Will) would determine what happens to her probate assets; assets owned by her and someone else as joint tenants with rights of survivorship would pass to the surviving owner automatically at her death, and assets subject to a beneficiary designation would pass under the beneficiary designation. You should gather as much information as you can find about the assets your mother and stepfather owned, a copy of your stepfather's Will and any Will your mother may have had, and find an experienced estates attorney who is licensed in the state where your mother had her primary residence at her death. That attorney will need to take a look at the entire situation and help you figure out what should be happening right now. If things were not handled correctly at your stepfather's death, you may indeed need to offer his Will for probate now, but it may also be the case that you only need to deal with your mother's estate and your stepfather's Will has no effect. But that's not the sort of issue which can be addressed in this type of forum.
Answered on Sep 20th, 2012 at 8:27 AM

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