Atlanta, GA asked in Probate for Georgia

Q: My dad passed in March 2017 I have 3 brothers We have a will filed in probate I am left one item a truck can I take it

My brother is the executor of the estate and will stakes he has to sign the title over to me when can I take possesion ?

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2 Lawyer Answers
John W. Chambers Jr
John W. Chambers Jr
Answered
  • Probate Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: The executor has certain obligations he must fulfill before distributing assets from the estate. It is not possible without additional information to know whether the executor should transfer the vehicle at this time. I recommend that you consult with a probate attorney.

Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
Answered
  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: Your father's estate has to be probated before you receive the truck. The will has to be accepted by the probate court, Letters Testamentary have to be issued by the probate court and your brother must administer the estate.

Before anyone receives his inheritance, your brother must make sure all debts of the estate are paid. Once the debts are paid, each person who is left a specific item should receive that item. If there is a loan against that item, you have to pay the loan to get the otem.

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