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Ray, Lawyer
Category: Legal
Satisfied Customers: 41036
Experience:  30 years in civil, probate, real estate, elder law
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I believe i am named executor on my fathers will. My mother

Customer Question

I believe i am named executor on my fathers will. My mother (now that he is passed) is telling me i am not and says she can't provide me a copy to confirm. I was verbally told by him i am the executor. May father just passed away a few days ago. If she takes the will to a lawyer to now amend can she?
JA: What state are you in? It matters because laws vary by location. Has anything been filed or reported?
Customer: GA. Death certificate official but that's all. The investment contact will be told of his death tomorrow.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 8 months ago.
Category: Legal
Expert:  Ray replied 8 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  Ray replied 8 months ago.

She cannot amend it here.You may consider your own lawyer to send demand letter and file probate without it.She will have to produce it or the court would proceed as if there was no will and divide up the assets under the laws of intestacy.You are going to need a lawyer here, she is not playing fair.She cannot chance a will after father deceased.If you have a copy of the will that can be probated here without original.

Your lawyer can get the will produced one way or the other.You need your own lawyer to protect your rights in all of this.

Expert:  Ray replied 8 months ago.
Expert:  Ray replied 8 months ago.

Laws of intestacy if no will found

If you die with:

here’s what happens:

  • children but no spouse
  • children inherit everything
  • spouse but no descendants
  • spouse inherits everything
  • spouse and descendants
  • spouse and descendants equally share the intestate property, but the spouse’s share may not be less than 1/3
  • parents but no spouse or descendants
  • parents inherit everything
  • siblings but no spouse, descendants, or parents
  • siblings inherit everything
Expert:  Ray replied 8 months ago.

I appreciate the chance to help you today.Thanks again.

Customer: replied 8 months ago.
thank you as well
Expert:  Ray replied 8 months ago.

You are so welcome.I wish you the best.

If you can rate 5 stars it is much appreciated.