Peachtree Corners, GA asked in Probate for Georgia

Q: DeKalb Co Georgia probate: How does Executor account for a car in a Will given away when the owner was still alive?

I'm an executor for a Will in DeKalb County Georgia, for my late sister. She left her late-model car to a nephew in her will, but verbally gave him to him before her death; her title and registration were already signed but he then signed it over to a friend in another state. The title was out of my sister's name by the time she died, but the Will was not amended and the car is still in the Will. How do I account for all this is the probate papers, including the Inventory and Final Return, I'll be filing soon, and before disbursements to heirs after her meager bills are paid and the timeline for the Notice to Creditors has passed? It's an otherwise very simple Will with some cash and personal belongings of no major significance ( but enough to justify probate).

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1 Lawyer Answer
Jammie Taire
Jammie Taire
  • Probate Lawyer
  • Snellville, GA
  • Licensed in Georgia

A: This is something that happens often. If she did not own the asset at the time of her death then you do not need to account for it.

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