How do I get a copy of my mother's will to see who inherits what property?

03/28/2007 - Wills and Estates - State: GA #2240

Full Question:

My mom passed 2 months ago and my sister is not being fair as far as I'm concerned. She is stating that she gets the house and all contents (3b\room,den,dining room,screened in patio) Two storage units in the back yard all their contents and then her full share of insurance funds. There are 7 heirs and none lived with her nor needed housing. Why would she be due all that? No one can find out anything. I have alot more to say but I'd rather talk to someone. What can I do?

Answer:

If your mother didn't leave a will, her estate will be distributed according to Georgia's intestacy laws. Georgia's intestacy statute provides for the children of the deceased to share the estate equally if the deceased didn't leave a spouse.

The following is a Georgia statute:

§ 53-4-31. (Pre-1998 Probate Code) Filing of petition; contents; verification

(a) Any executor, administrator, guardian, conservator, committee, trustee, fiduciary, or other person by whatever name called, having a status which by operation of law or written instrument devolves upon him a duty of distributing property to those entitled to it under the laws of descent and distribution, may file a petition for determination of heirship as provided in Code Section 53-4-30.

(b) The petition shall allege the names, addresses, ages, and relationships, so far as known to the petitioner, of all parties at interest (except creditors) and the nature and character of such interests, designating those who are minors or otherwise incompetent and whether or not the incompetents are under legal guardianship in this state. The petition shall further allege whether or not the petitioner has reason to apprehend that there may be others who are entitled to participate in the distribution whose names are unknown to him.

(c) The petition in every case provided for in this Code section shall be verified by the affidavit of the petitioner.

Please see the information at the following links:


Intestate Law defined
Probate Defined

Please see the information at the following links: Please see the forms at the following links:

03/28/2007 - Category: Wills and Estates - State: GA #2240

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