Legal Question in Wills and Trusts in Georgia

My grandfather died. My mom is his only child and I am the only grandchild. I know my grandfather had a will with me in it. Me and My mother are not speaking right now, but when I approched her about the will. She stated that there was no will.. She just recently ran an ad in the newspaper stating she wants to be the administrator over the estate. My question is this. Does this mean there is a will and if so how do I get a copy. If there is no will I know she will have to petition the state and is considered his next heir. My question to this is : If I know he had a will but she says there isn't how would I found out which attorney he used to draw it up or can she get into trouble if she doesn't probate the will and follow his wishes.. thanks

Asked on 8/20/10, 7:53 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

A petition to be administrator means she has claimed there is no will. (A petition to be executor would require a will). Based on the serious charges you make against your mother (you have accused her of perjury, a serious felony), you need to IMMEDIATELY seek legal counsel. If you wait, you will not be able to act later. Get a lawyer today.

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Answered on 8/25/10, 7:58 pm
Paula McGill Attorney at Law

No, the fact your mother is running an ad about being an administrator does not mean that your grandfather has a will. You say your grandfather has a will, did he give you a copy? Did he let anyone know where this will is located? Do you know the attorney who drew it up? Again and again, people make wills that are for all intents and purposes worthless because the beneficiaries don't know where it is located. As a result, the courts consider the decedent to have died intestate. As a result, the person's estate is not divided in accordance with his true wishes.

You should do research to retain an experienced probate lawyer in Dalton. I assume your grandfather lived in the same area.

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Answered on 8/26/10, 5:35 am

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