Legal Question in Wills and Trusts in Georgia

If I think that I may have been listed in a deceased child's will and also know that this same child left some notarized documents that her deceased aunt left for me, is there anything that could be done to review the will and probate file and to have the woman who has the documents release them to me?


Asked on 11/30/11, 8:54 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

First of all, visit the probate court and see if anything has been filed.

If no, see a lawyer. (And if yes, and you feel something that needs to have been done has not been done, also see a lawyer).

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Answered on 11/30/11, 10:50 am

You mention a "deceased child." A child is anyone (generally) under the age of 18. While Georgia does allow a person younger than 18 to make a will, that is not real common. Are you using this terminology correctly? How are you related to the person who died and what makes you think that they would identify you as a beneficiary?

However, Attorney Ashman is correct. The starting point is to contact the probate court of the county/state where the person who died resided at the time of his/her death. Make a copy of the court file - there should be a will, inventory and possibly an accounting. Review of the file will tell you whether there was a will and whether you are a named beneficiary. If you were not named, then that portion is at an end.

If you were a named beneficiary, contact the personal representative of the estate or the estate attorney regarding your inheritance. You can also make inquiry about these documents that were allegedly left for you.

If you are not a beneficiary, then you could write to the person now alleged to be in possession of the documents and ask for them or what happened to them. If the woman refuses to divulge any information, then your next step would be to pay an attorney to get the information. Failing that, you could probably bring a legal action against her.

However, why exactly do you think this woman has the documents, what is in them and why would they be notarized? What value would there be to this woman refusing to give them to you?

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Answered on 11/30/11, 5:04 pm


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