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Dwayne B.
Dwayne B., Attorney
Category: Estate Law
Satisfied Customers: 33928
Experience:  Estate Law Expert
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My mother in law died with no will. Her third husband kept

Customer Question

My mother in law died with no will. Her third husband kept all assetts, home, her personal checking/savings account etc and her grown children got nothing. We believe that 2 out of her 4 children did actually receive funds. Some of the children believe that the marital home was in her name only as was her retirement account. We were told that he used her money to purchase an engagement ring for his fiancée.We live in Ga. Is there a statute of limitations to fight this? It will be 2 years in Nov since she passed. And finally, how would we prove it. Thank you in advance for any help or advice
Cheri Kennedy- *****@******.***
Submitted: 2 years ago.
Category: Estate Law
Expert:  Dwayne B. replied 2 years ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Is there a statute of limitations to fight this?

You would need to file to open a probate on the estate of the deceased. There is not a statute of limitations on opening a probate of an estate without a will.

Everything your mother in law owner at the time of her death immediately became the property of "her estate" and would be subject to division by the court. While the way to prove this varies tremendously from case to case usually it is done by the deed work on the real estate or by the paperwork showing the contents of the bank accounts at the time of her death.

You will want to hire an attorney to assist you because probate law is complicated and often makes no sense due to the fact that it is based on archaic laws.