• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Petition for Possession?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

NeedtoknownGA

Junior Member
What is the name of your state (only U.S. law)? GEORGIA - I have been appointed the Administrator for my father's estate. He did not have a will so I file a Petition with the probate court. After I received the order from the probate judge I attempted to collect my father's personal possessions but his girlfriend immediately moved from where they resided together. I was able to find where she is currently living but she refuses to turn over his personal possessions. I called the police and they came to the residence but said there was nothing they could do since my father did not reside at the new location. I think the next step is to file a petition with the probate court but am unable to find a form template for these circumstances.

Can anyone help me???What is the name of your state (only U.S. law)?
 


latigo

Senior Member
As the duly appointed administrator of your father’s estate you have all the authority over his assets as he did at the time of his death. Which includes the right to bring an action at law for replevin of personal property.

So as the administrator sue the lady in Superior Court for the recovery of the goods or their value.

She’ll most likely claim that the items are hers because your father gave them to her. But unless she has something in writing to prove his intent to make her a gift, she’ll be dead in the water. Simply because the “dead man statute” prevents anyone making claims adverse to the estate from testifying as to oral conversations with the deceased.

The fact that you are clearly at sea here illustrates why you should not be attempting to adminsister this estate without the services of an attorney.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top