Q: My son died and had no will. He has a daughter and bought a car for her. Father has car and won't release it.
Father is driving car and refuses to give it up . father took possession of all of sons belongings and said he legally inherited everything.
A: Assuming the daughter is under the age of 18, you have the right to file to open an administration for your son's estate. You would do this in the probate court int he county where your son lived. If you go to the probate court, they can tell what what you need to do. If you need help, contact a lawyer of your choosing.
A: Under Georgia law, if a person dies without a will, his "heirs" inherit his property (to the extent that such property is part of his probate estate). (Please note that the heirs only will receive property after the decedent's debts have been paid or arrangements for such payment have been made.) Under Georgia law, if your son was not married, his heirs would be his children who survived him and the descendants of any child who predeceased him. If his daughter is his only child, living or deceased, she would be his sole heir. You (or your granddaughter if she is an adult) should consult with a probate attorney to determine the best course of action.
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