Grandfather's Estate - Please help answer questions.

[betaboy]

What is the name of your state? CA

Grandfather died in Georgia, so Georgia laws will apply. In his will he wanted the land to be divided among Grandchildren. He had specified which portions of the land would go to which grandchild. Before dying, however he deeded the land to his son, so that the son could settle the estate. The son sold land to settle the estate and there is quite a bit of money left over. Is the son required to distribute the money among the grandchildren or is the will null and void because the land was deeded to the son prior to death?

Also, is there a time frame on when inheritance has to legally be distributed among heirs after probation of will?

How do we go about getting a copy of the will which was probated? No one was told when probation was going to occur and found out after the fact.

Thank you for any help.

 

[Dandy Don]

Check with the county courthouse probate court (for whatever city the decedent died in) and if the will has been filed you can order a copy of it by mail. If you don't know what county that is, mention what city he died in here and I can find it for you.

Grancchildren will only be entitled to share in the proceeds of this sale IF they are mentioned in the will. The fact that it was deeded to the son before his death means that what is listed in the will is void as far as the land distribution is concerned. Grandchildren and the children will need to look at the will to see what it actually says before they can figure out what they will be getting.

Is it possible that the son could also have had power of attorney? Looks like a tricky maneuver by the son to gain control of an asset, possibly for himself alone--he could tell his father that he will distribute it and then decide not to do that if the law is on his side. The fact that father deeded it to the son may have been a mistake if he expected son to distribute the monies properly, but we will just have to wait and see what the will says.

DANDY DON IN OKLAHOMA ([email protected])

 

[betaboy]

Thank you

Thank you for your help. That is exactly what I was thinking, but just wanted to see if I was correct. I will order a copy of the will and we'll see exactly what it says.