Carrollton, GA asked in Family Law, Elder Law, Probate and Wrongful Death for Georgia

Q: my grandfather died and now his caretaker is squating in his house refusing to show anyone his will.

He died due to the care taker canseling more than a dozen of his doctors appointments, changing his doctor, farming him for pills, and now shes selling and giving away his assets (furniture, farm equipment, vehicles, and all his guns are gone). my mother and i have lived next door on his property for twenty eight years and for my moms entire life she was told that the property was hers after he died. hes been dead a month now and no one is doing or saying anything. we dont know what to do.

1 Lawyer Answer
Kedra M. Gotel
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Answered

A: You need to file a petition in probate court in the county your grandfather lived prior to his death. The court will notify any other heirs or interested parties (including the caretaker) of the legal matter. You should request to be appointed the personal representative unless someone else can provide sufficient proof of a will naming another individual as the executor. This will give the caretaker an opportunity to assert any rights she has under the will or otherwise. There may be some facts you are unaware of i.e. your grandfather may have married the caretaker or quitclaimed his interest in the real property to the caretaker. You will need an attorney to assert the appropriate caveats in this case, if necessary.

Tim Akpinar agrees with this answer

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