Q: I'm the only living heir to my dad's will before he passed he told my aunt that I will be left all he had but his sister
Who lived with him is hiding the will..I need to know how to recover a copy of the will so I can get the process started..I'm 38 with Congestive heart failure and stress is not healthy..I just need some direction on how to start this process
A: That might be the best answer you could hope for. Without a will, and assuming your Dad was not married when he died, and you are his only child, you get everything. However, if there are other children who died before your dad, and those children have children, then you will share with those children. So, if you have nieces and nephews, and you believe your father's will left everything to you, you need to find the will. You can file a petition with the probate court and ask the probate judge to order your aunt to bring the will to the court or face contempt charges.
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A: You start by hiring a probate attorney located near where your dad was domiciled when he passed. Under Georgia law, a person having possession of a will must lodge it with "reasonable promptness" with the probate court of the county having jurisdiction. The probate court may attach for contempt and may fine and imprison a person withholding a will until the will is delivered. A probate attorney can help you open a probate and then use the power of the court to compel production of the will.
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