Legal Question in Wills and Trusts in Georgia

my father left a will and my brother and i are listed in the will he verbally told us. the problem is a cousin of his that lived with him took him to the attorney to make out the will and know it's contents but will not give us a copy of the will nor will she tell us the name of the attorney where the will is. She only says that everything is in writing and the papers are in the attorneys office in Ft Laurdedale. What should we do?


Asked on 9/08/10, 7:42 am

3 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

If you are listed in the will, you have a right a copy of it to confirm your inheritance. There's a lot of facts that are missing from this scenario (where is the cousin located? where did your father die? where are you and your brother located?) so it's impossible for me to advise you specifically. Generally speaking, if the will was "probated" in Ft. Lauderdale, there will be a court record of that, likely in your father's name ("In re: John Smith"). A local attorney could find that out for you pretty easily and cheaply. At the end of the day, you may need to hire a local attorney to obtain a court order FORCING the cousin to reveal the locations, contents, etc., of the will. If you would like to give me more facts, I would be happy to advise you of whether you need a Georgia, Florida, or other attorney.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.********

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Answered on 9/13/10, 7:53 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Hire a lawyer in the county where your father died if you cannot locate a will in that court.

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Answered on 9/13/10, 8:30 am
Paula McGill Attorney at Law

I assume your father died and he was unmarried with two children. If that is the case, inform the cousin to disclose the will or you will assume your father died intestate. In that case, the two children would split the estate. You could become the personal representative of the estate. Once papers are filed with the estate without a will, you can serve your uncle. At that point, he can either disclose the location of the will or be exposed as someone who cannot be trusted to tell the truth.

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Answered on 9/13/10, 7:47 pm


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