Atlanta, GA asked in Estate Planning, Family Law and Probate for Georgia

Q: In Georgia, if a probate court awards an heir furniture, is it in perpetuity or does it become abandoned if not claimed?

When my grandmother died, one of her children was awarded some of her furniture by the probate court. The home was then purchased by her fiancé, but her child never picked it up. Now, almost 10 yrs later, her fiancé passes away and the child says the furniture still belongs to them. I was told that the award letter explicitly states they didn't pick it by a deadline, they forfeit it. However, I couldn't find any court documents supporting that in Pacer or on the county court site.Does she have a valid claim or must she go through the administrator of the new estate?

1 Lawyer Answer
James Clifton
James Clifton
  • Estate Planning Lawyer
  • Fayetteville, GA
  • Licensed in Georgia

A: You will need to look specifically in the probate records which may only be viewable in person at the Probate Court Clerk's office to determine if there was language in the order that required the furniture to be picked up within a certain amount of time. Generally, the inheritance is absolute, meaning that the possession passes immediately and forever. However, abandonment is a question of intent. The person holding the property while it is not claimed may be entitled to a reasonable fee for holding it.

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