Stone Mountain, GA asked in Probate for Georgia

Q: Can you help me?

My father passed away in July of this year. He left a living will and his estate to his oldest child(myself) but the will was over ruled when it turned out that my father had his girlfriend's name put on the house deed. Does that over rule the entire will or just the house and land? Also he was on social sercurity and disability. He was approved $10,000 in back pay. Because he was not married does that go to his only two heirs? Also, are we entitled to our fathers personal belongings?

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

A: More information would be needed to answer your questions, and I would urge you to seek the advice of a probate attorney. Whether your father's interest in the house passed to his girlfriend would depend on whether the property was owned by them as joint tenants with survivorship or as tenants in common. With joint tenancy with survivorship, the interest in property passes to the surviving owner outside the probate estate. On the other hand, if property is owned by multiple owners as tenants in common, the interest of the first owner to die would be part of his probate estate. Property in the probate estate would be governed by a will if there is a valid will. Typically, the person named as executor would file a petition to probate the will. Bear in mind that the executor has certain obligations and may not distribute assets from the estate without taking care of estate obligations (e.g., the decedent's debts). If back pay becomes part of your father's probate estate, it would pass pursuant to the terms of his will. This response is intended to provide general information only, and not legal advice about your particular matter. You should seek the advice of a probate attorney familiar with the probate law of the estate in which your father was domiciled.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.