Georgia  |  Wills and Trusts

Legal Question

Asked on: 3/25/13, 11:37 am

My mother was recently killed in a car accident. She made a will some time ago because she won money playing the lottery. At the time of her death, she had taken out a loan on her house, which is now in foreclosure, plus put the title of her car up for a loan; she had spent all of the lottery money. She left $100 in the bank and basically that is it. Because she had creditor's insurance, the title to her car was released; the car insurance company will pay for the replacement value for the car. Since there were no assets, we did not probate the will. However, the car insurance will not release the check until we probate her estate (which I guess is the car). So now I am confused about what to file; I was told to file temporary letters of administration, letters of administration, or Order Declaring No Administration Necessary. Are either of these the correct petition?

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