Legal Question in Wills and Trusts in Georgia

my Mother passed away Dec. 2013. I received the will by certified mail. there were papers enclosed that my brother wanted me to sign so he could probate the will. The will has no notary seal and no ink stamp. (he is the executor) Come to find out that he wrote the will and had my Mother sign it. Also there were numerous life insurance policies, CD's, stocks and bonds. None of that is listed. My brother is in Georgia and I am in Ohio. The home and contents were left to my younger brother. Also on the will it was dated Nov. 12, 2008, 2008 is scratched out and 2010 put in. My Mother told me how much money each of us would get. According to my brother he says there is no money. Also he says now that there is a credit card that is maxed out and no money, so there will be a lien put on the property. My Mother did not live beyond her means. She had a retirement check from the military, her social security, my deceased Dad's social security, plus her pension. I need help


Asked on 3/08/14, 7:36 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You'll need to hire a probate lawyer in or near the county in which the will is being probated.

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Answered on 3/08/14, 7:38 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I am sorry for your loss. Wills in Georgia do NOT have to be notarized (although there is an advantage to having an attached notarized self-proving affidavit, it is not mandatory. Life insurance is usually NOT in a will as it goes straight to beneficiaries. In many cases CDs and other financial assets are titled in a way that pass outside probate. If there are debts in excess of assets, the heirs do get zero. And while it was probably stupid for him and not a lawyer to write a will, if he did it right that is not a problem. No one here has seen the will or knows the facts or even knows if you actually do need help and there is only way to know if you do - that is to retain a Georgia lawyer to look at the will and probate petition and determine (1) if the will appears valid, and (2) if you should or should not sign papers, and (3) to give an opinion on if you get zero or something. There are strict deadlines in probate, so hire your lawyer (in Georgia) on Monday, in a county near where your mother lived.

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Answered on 3/08/14, 9:01 am


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