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Lost Will

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judyneddie

Junior Member
What is the name of your state (only U.S. law)? Georgia

My father passed away 11/17/03. He had 10 kids (including myself). We have been letting my sister live in his house ever since his death. We have not probated his will, because he had one made like 20 years ago and he had a stroke and it "messed with his mind" so he didn't understand the value to keep up with it. Now, here we are coming up on 5 years and I would like to know: After a certain amount of time does the land/house become hers by law, will it always be ours "the kids" or what happens to his estate and what actions do we need to take to keep the land all of ours instead of just hers. We live in GA so, if you have any ideas please let me know! Thanks!:confused:

* I am the one who took him 20 or so years ago, but I didn't get a copy. So, I know he had a will made and we know what law firm did it, but we know that the will is no where to be found. No sister/ or brother knows where it is... it isn't in his house- more or likely he threw it away/ burnt it...etc. We have no original or copy of his will. *
 
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anteater

Senior Member
Your title says "Lost Will." Yet your words speak of a will as if you or someone knows where it is. Which is it?

Wills do not go moldy. If it is the last valid will, then it is valid. Probate it. If it is, indeed lost, file to open probate intestate.

The longer you all wait, the better the odds that you will end up with a God-awful mess.
 
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anteater

Senior Member
* I am the one who took him 20 or so years ago, but I didn't get a copy. So, I know he had a will made and we know what law firm did it, but we know that the will is no where to be found. No sister/ or brother knows where it is... it isn't in his house- more or likely he threw it away/ burnt it...etc. We have no original or copy of his will. *
Last edited by judyneddie; Today at 05:58 PM. Reason: better understanding of lost will
Then, open an intestate (no will) probate.

If any part of a Georgia decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally considered first when distributing assets from the intestate estate. The amount a surviving spouse is entitled to, however, varies as follows:

If there is no surviving child or other descendant of the decedent, the surviving spouse gets the entire intestate estate.
If the decedent is survived by a child or other descendant, the surviving spouse is entitled to a minimum of one-third of the intestate estate. Otherwise, the surviving spouse is entitled to an equal share with the decedent's children, with the descendants of any child that predeceases the decedent (e.g., surviving grandkids) splitting the predeceased child's share.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes in the following order as follows to:

Decedent's children equally, with descendants of any deceased child splitting their parent's share......
 

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