Augusta, GA asked in Civil Litigation and Probate for Georgia

Q: if my grandmother gave me her will and my aunt had her set up a trust after she had a stroke and I am the only heir

My grandmother passed away and two years before that she gave her will to me and told me to hold onto it that I might need it one day. My mother passed away in 2006 so it’s just me and my aunt . My aunt will not show me the trusting tried to get me to sign some papers at the notary and not a lawyers office and she has not said anything about the will. What should I do bc in the will the money and all properties where to be sold and money split.

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1 Lawyer Answer
John W. Chambers Jr
John W. Chambers Jr
  • Probate Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Property (and that term includes all types of property) which is in the probate estate would be subject to the provisions of the will and applicable law. Property in a trust would be subject to the terms of the trust and applicable law. Generally, if there is property in the probate estate, there would be a need to file a petition to probate the will. You should seek the advice of a probate attorney who can advise you after reviewing additional information.

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