Tifton, GA asked in Estate Planning and Probate for Georgia

Q: My father died with out a will. I have siblings born out of wedlock , no DNA results. Probate Court worth COUNTY Ga

They are not legitimate through Superior Court are they heirs? The courts asked for a list of siblings I only gave my whole brothers and sisters but the ones born out of wedlock started calling and got on the probate Court Records as heirs how is this possible. I'm the administrator but haven't been given permission to do a determination of heirs it's like I have to follow all laws except that one. Please advise I believe I can but it seems like since I didn't object in which I didn't know how bad this would go I'm stuck with knowing one of them has a living father and mother and birth certificate but is still on as an heir. Please let me know if I need to come in and talk to you I'm willing to because this is not the right way to do this.

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2 Lawyer Answers
Robert W. Hughes Jr.
Robert W. Hughes Jr.
PREMIUM
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: As Administrator, it is your job to file a Petition to Determine Heirs. Each person who thinks he is an heir will have to prove to the judge how he is an heir. This type of action is best handled with attorney assistance.

Homer P Jordan IV
Homer P Jordan IV
Answered
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague. You should work with an attorney who can help you with this process. The heirs will need to prove they are his children.

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