Legal Question in Wills and Trusts in Georgia

what does this mean for me? There are four siblings and mother still alive and they only need mine and one of my brothers signature?

Attached please find an electronic version of Mr. Nicholas’s Will to be filed at the Cobb County Probate Court along with the Petition. Again, the purpose of this petition is solely so that the Executor can legally transfer the undistributed property in Mr. Nicholas’s estate per the terms of his will to Mrs. Nicholas, so there won’t be a roadblock to further transfers down the road when she has passed away

Asked on 7/23/18, 9:09 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your post here makes no sense. First of all there is nothing "attached." LawGuru doesn't let you make attachments to free posts here (you can exchange information with a lawyer if you do a paid post. Second no one here knows who Mr. Nicholas here is, but it sounds like someone is probating his will. Unless he named them in his will, his sibings are NOT heirs., His spouse and children are. The will and in some cases death of certain relatives may change that but no one who has not seen the will and the family tree knows. Third if a will is "to be filed" there is NO executor. That only happens when a will is offered for probate, and all the heirs consent, orare served, and even then the court must consent. Fourth, NOTHING is transferred right after a probate filing. At the earliest, and it usually will take longer, required steps will take several months, including ads to creditors, waiting on replies, etc.Fifth, no one should ever probate a will pro se. Sixth, it is probably an awful idea to probate a will for a spouse rather than using years support, which will save the widow money on taxes and bills.

All these things require a give and take with counsel, and since you did the free and not paid post here, no followup questions can be posted.

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Answered on 7/23/18, 11:17 pm

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