Legal Question in Real Estate Law in Georgia

The probate judge in Georgia put my step dad's will into the "no probate file", and I paid $10.00 to do so.....then a couple of weeks later, a step daughter showed up at my mother's house with 3 sheriff's cars to get her vehicles, boat, trailer, with papers from same judge...when I went to see the judge the next day, she said the will had to be probated.....did the judge act illegally?


Asked on 11/13/11, 6:44 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

This is not a real property question, but to answer, I am not sure how you believe your question could be answered. No one here knows a thing about the probate case, the underlying facts or the basis of the orders entered by the judge. We don't know what the "papers" are, and you chose to not tell us exactly what these "papers" are or what they said. If you want an answer, then based on your post and virtually no facts whatsoever, the answer is no. Since this is a pending case, obviously the parties need lawyers to answer these questions, not general information internet websites.

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Answered on 11/13/11, 6:56 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You posted this in the wrong area of Law Guru (it is a probate question, not a real estate one) so Law Guru's probate lawyers never saw it. Additionally it is obvious you left out basic facts that are needed (what assets did he have and what was left in the will and to whom as it left).

Having said all that, it is pretty obvious than in acting without a lawyer you didn't act properly. Turning in a will when there are assets is fine, but what would have happened is what did happen - someone is going to probate the assets (and you've admitted there are assets).

So the Judge probably got it right. You and your mother, in not seeing a lawyer, probably got it wrong. (Your mother possibly should have been filing years support). I'd suggest see see a lawyer ASAP. And I'd suggest you talk to a lawyer to discuss whether your actions harmed her.

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Answered on 11/13/11, 7:01 am


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