Legal Question in Wills and Trusts in Georgia

mom deceased 072310. no will, has mortgage note and small of money in bank what do i do

Asked on 8/05/10, 6:04 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Call a lawyer.

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Answered on 8/10/10, 6:20 pm

I am sorry for your loss. Was your mother married and was her husband still alive at the time of her death? If not, are you the only child? The house usually does not pass through probate but if you or any other heirs want to keep the house, you need to keep paying for it. The bank will not release the money to you unless you are the personal representative. To get appointed, you need letters of administration from the probate court in the county/state where your mother lived at the time of her death. If probate is unnecessary, the probate court can advise you of that and give you an affidavit to collect any money from the bank.

Since you are not sure of what to do, I suggest that you consult with a probate attorney and possibly hire the probate attorney to guide you through probate court if probate is necessary.

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Answered on 8/13/10, 9:43 pm

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