Newnan, GA asked in Estate Planning, Family Law, Probate and Small Claims for Georgia

Q: My husband died 2 years ago, he had a storage unit of his personal belongings, I pay monthly but can't get the access in

If I let go the storage unit and let them put in auction, can his only son sue me for the items in his storage unit? His son didn't want to have anything to do with his father's personal belongings in that storage unit but his son also refuses to sign the letter of testamentary in order for me to take all his stuff out of the storage unit. I don't want to pay the monthly storage unit that I can't even get in there because the storage unit changed the lock on me when they found out my husband died. What should I do to get out of this situation? Can I make announcement in the newspaper for a month before I let it go to auction? Please advise.

1 Lawyer Answer
P. Justin Thrailkill
P. Justin Thrailkill
Answered
  • Probate Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: If you haven't been named the administrator/executor of the estate then you have no obligation to the estate. That said, you can probate the estate even if the son won't sign. You just need to get him served with the papers by sheriff or private process server. I'd encourage you to meet with an attorney to discuss your options. Ultimately, if the estate is insolvent or has little value, you may be better served to simply stop paying and let them auction the property.

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