Byram, MS asked in Probate for Georgia

Q: My father died 7 years before my stepmother she never probated his-will. My father has 2 living children my stepmothers

Kids preceded her in death. Her Will leaves the home to myself , brother, & stepbrother (deceased) I have been told both wills have to be probated separately: since there is a will is it even necessary to even go thru probate? I live currently live in the home, my brother lives in another state. We do pay the taxes yearly and have no intention on selling the home but need insurance we and legal authority established.

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2 Lawyer Answers

Robert W. Hughes Jr.

  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: It depends on whose name the house is in. If the home is in both parents' names, you will need to open an estate for each. Be aware that if your step siblings had children, they have an interest in the estate

John W. Chambers Jr

  • Probate Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: My recommendation is that you consult with a probate attorney, who can review all the pertinent facts. At a minimum, the attorney would need to review the deed to the probate (and perhaps obtain a title report), your father's Will, and your stepmother's Will. If your father had an interest in the property which was part of his estate, then it would be necessary to probate his Will in order to transfer his interest to whomever he left it. If your stepmother had an interest in the property, the only way you could receive such interest would be through her will. In the absence of a will leaving the property to you, it would pass to her heirs and you would not be one of her heirs under Georgia law (unless she adopted you). The purpose of this response is not to provide legal advice to you, but general information about Georgia law. It does not establish an attorney client relationship. You should seek the advice of a probate attorney in the state where the property is located.

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