securing an estate

[smallgirl]

What is the name of your state? GA

My father died this year. He has wife of 3 years- 3rd wife. He had no will, but all property was in his name. His children would like to make sure that they receive what he wanted them to get, can they secure the estate before it goes through the court. She is currently living in a home in his name with access to property in that home?

 

[divgradcurl]

What is the name of your state? GA

My father died this year. He has wife of 3 years- 3rd wife. He had no will, but all property was in his name. His children would like to make sure that they receive what he wanted them to get, can they secure the estate before it goes through the court. She is currently living in a home in his name with access to property in that home?

What do you mean by "secure the estate?" Any of the children could open probate on the estate, if probate hasn't already been opened.

If your father died without a will, the children won't be getting "what he wanted them to" -- the children, and the 3rd wife, will be getting whatever GA's intestate succession allows for. Since your father didn't leave a will, the state will decide how to divvy up the property.

 

[smallgirl]

One of the children has filed a petition for administrator of the estate. Everyone has signed the papers including the wife. It has not went before the court yet. When I ask about securing the estate, I mean making sure that my dad's property doesn't walk. Basically there is concern that she or someone she knows may take some property out of the house and sell it or rid of it without mutual consent. I know that she is entitled to a child's share. But how do we protect the personal property before we can go through the personal belongings.