Jonesboro, GA asked in Estate Planning and Probate for Georgia

Q: Can my Father keep a check written to him from my brother who passed away on 11/7/20. Check dated 11/6/20

My brother didn't have a will. He was still legally married, but his wife moved out of their home in 2015. My father moved in to physically care for him in 2016, due to declining health. I began helping him manage his small trucking business. He had me write the check and sign his name, as I had done numerous times for his business since 2017. She got "letter of administration" thru Coweta Co Probate court in February 2021 and is requesting money be returned

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

A: Who is “she” that you are referring to? The ex who left him in 2015? Your question is a little confusing. You may want to consult with attorney who can review the facts and provide you with guidance.

Kedra M Gotel
Kedra M Gotel
Answered
  • Estate Planning Lawyer
  • Atlanta, GA

A: Who is "she"? Are you referring to the estranged wife? Did the court appoint her as the personal representative? Were you not served with notice of her Petition to be Appointed as the personal representative? If so, why didn't you file a caveat to contest such appointment? Even if the parties were married but not together at the time of your brother's death, his spouse is still entitled to Year's Support.

You should contact an attorney to schedule a consultation to discuss your legal options as soon as possible. I wish you the best.

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