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Ray, Lawyer
Category: Legal
Satisfied Customers: 40970
Experience:  30 years in civil, probate, real estate, elder law
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My mother recently passed away and left no Power of

Customer Question

My mother recently passed away and left no Power of Attorney. What should I do?
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: State of Georgia. What kind of paperwork??
JA: Has anything been filed or reported?
Customer: Her death certificate went out to DoD, SSN, and her two small pensions.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I was her caregiver for 7 1/2 years. My older sister lives 3,000 miles away.
Submitted: 6 months ago.
Category: Legal
Expert:  Ray replied 6 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 6 months ago.

If she has assets you will need to make application for court supervised probate.I am assuming she has no will.You will be named administrator and have authority to then act on her behalf to gather assets, create state account, pay creditors, etc.The laws of intestacy for Georgia control who inherits.

see form 3 here for application for probate.

Expect this to take about a year start to finish as court must approve everything--this is called dependent administration.

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

If you can positive rate 5 stars it is much appreciated.

Expert:  Ray replied 6 months ago.


Who Gets What in Georgia?

Under intestate succession, who gets what depends on whetheror not you have living children, parents, or other close relatives when youdie. Here’s a quick overview:

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