Legal Question in Wills and Trusts in Georgia

I am in Georgia, My Father recently passed away. My step mother said that she needs all 6 biological kids to sign a paper so she can probate the will. Is this common or does it sound like trickery?


Asked on 3/09/11, 7:10 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No one here has seen the will or the "piece of paper." There is paperwork that is needed to do certain probate proceedings. No one here can guess if you are looking at that.

You have three choices: (1) You can screw up and not sign something you should sign because you didn't bother to see a lawyer, (2) you can screw up and sign something you shouldn't because you didn't bother to see a lawyer, or (3) you can write a small check to a lawyer who can review it and tell you what you should do.

Read more
Answered on 3/09/11, 7:26 pm

You are in Georgia but your location is not relevant. What is relevant is the location of your father at the time of his death. Where did he reside? Different states have different laws so it does make a difference.

In some states, the beneficiaries must be notified. In others, they only get notice that a will is being submitted for probate and the benefiiciaries are asked to consent to that only. If the will names ypur step-mother as executor, unless you have a different newer will or unless you believe that the will was procured through fraud or undue influence, it is probably okay to sign, but the only way to know for sure is to have a lawyer review the will and the paper your step-mother wants you to sign.

I would take the attorney's advice and go see a probate lawyer in the county and state of your father's residence to have the will and other papers evaluated.

Read more
Answered on 3/10/11, 9:16 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Georgia