Legal Question in Wills and Trusts in North Carolina

Why do I have to sign anything to do with probate if I don't have anything to gain by doing so, but me and my siblings are mentioned in my Daddy's will . My Fathers wife (step-mother) sent me the forms and said just sign them and send them back, why should I do this ? Just to let you know the forms were sent from Georgia.


Asked on 1/14/15, 2:11 pm

1 Answer from Attorneys

First, where did your Daddy live? If he lived in Georgia then his estate is going to be probated in Georgia. An estate must be probated if a dead person has probate assets. The job of the personal representative of your daddy's estate is to oversee the orderly winding up of affairs for your daddy by paying any just debts and seeing that his assets transfer to those named in his will.

I assume that ee-ville step mother is the primary personal representative. If she lives in Georgia, you have to be notified of the probate petition and can file written objections thereto for her appointment as personal representative if you have a mind to do so. The requirement by law is that all beneficiaries under the will as those who would inherit under the intestacy laws be notified.

Now, without actually looking at the documents you received, this would be my initial guess but you would have to have the paperwork reviewed by a licensed GA attorney to see what you have. Ideally, you should have the papers reviewed by a probate attorney who practices in the county in Georgia where the estate for your father is pending. If you want me to review the papers, I will be happy to do so for a reasonable fee. Please email me at [email protected] if interested.

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Answered on 1/14/15, 3:53 pm


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