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Elizabeth Powell
Elizabeth Powell, Family Law Attorney
Category: Family Law
Satisfied Customers: 127
Experience:  Washington State
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My father died with an old will (1989). My mother was ...

Customer Question

My father died with an old will (1989). My mother was listed receiving the entire estate with my sister and I if she did not survive. The will was written before my mom and dad divorced and she was the executrix with me serving if she could not. My mother would like for me to take the responsibility. There is no property other than 2 vehicles and personal items, furniture, clothing, etc. Do we need an attorney to help about filing taxes,bank account, paying bills? Does with will need to be filed with the county?
Submitted: 6 years ago.
Category: Family Law
Expert:  Elizabeth Powell replied 6 years ago.

An attorney can certainly do this more efficiently. It is not going to be a complex estate. I just looked up GA probate codes, it appears there was a major revision done to the code in 1998.

In order to take under the current code, she has to be a "current spouse" - as they are divorced, she can't take. The will says you are the executrix "if she doesn't survive" but she can always disclaim that duty if she doesn't want to do it.

GA also appears to have a streamlined basic process for probate where there is no real property. Yes, the will needs to be filed with the County Clerk. That is what commences the probate action.

A local, experienced, probate attorney is going to save you a world of hassle. This will be straightforward and simple for the right person. Hope you find them, and I hope this helps. XXXXX XXXXX

Elizabeth Powell, Family Law Attorney
Category: Family Law
Satisfied Customers: 127
Experience: Washington State
Elizabeth Powell and other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Thanks for the information. He had a number of bills that there is not enought money to pay so I think that we will need some guidance.
Expert:  Elizabeth Powell replied 6 years ago.
Thanks for accepting my answer. If he has debts and obligations, don't pay any with your own money, and talk to an attorney before making distributions because if the obligations are unsecured, you likely won't be having the estate pay them. You cannot be responsible for his debts personally. And please accept my condolences on your loss. XXXXX XXXXX

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