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wills in Georgia

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M

mep

Guest
We live in the state of Georgia. My mother recently died. Her only assets are her home, and 2 life insurance policies (combined will not pay for her funeral). In her will she simply stated that her house is to be sold and the money divided between the children. The will is handwritten and witnessed. My father died several years ago.
I am not sure if the will is legal or not, but shortly before her death she refinanced her home. I believe the home is worth about $100,000.00 and the mortgage she took out was for $50,000.00

Do we need to have a lawyer to execute her will? Will the existance of the mortgage interfer with executing the will? How can I find out the processes I need to go through to file the will with probate court and have it completed so we can sell the house and pay off the debts?
 


ALawyer

Senior Member
Whether the will is legal or not may not matter as it only does what the state law would do anyway - split the assets among the kids equally.

My suggestion is that you see a lawyer. It should not be an expensive process and can be a hassle unless the estate is so small that it qualifies for the simplified prcedure in GA. I do not know what that limit is, but the local probate clerk can tell you.
 

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