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1 mother, 2 daughters, no will........

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What is the name of your state? GA

I am at my wits end. I've called 2 lawyers, both claim if there is no "real" property, there is no need to fight. Everywhere I turn, I am told to "shut up and go away". I was her daughter, TOO. She loved me, too! She was 100% dependant on my sister for her care. I have recordings of her telling me what she WANTED to happen. I have recordings also, where she felt my sister was controlling her/her finances/her affairs and there was nothing she could do... My mother died in September, my "sister" and I are her only 2 (daughters) survivors. My sister claims she has a will that does NOT have my name in it, anywhere. She claims she does not have to show it to ANYONE, not to mention even PROBATING it, since hers is the only name mentioned. She claims she can do "whatever she pleases" since she is my mothers' only "heir": I don't know exactly what my mothers' assets are, only that she had a sizable checking account, and cemetery plots 1000 miles away that neither of us are likely to ever use. There are also CD's, insurance policies, and other investments my mother had. I don't know the specifics of any of them. I called my sister at work and asked her to provide me a copy of my mothers will. She told me to NEVER call her again at work, and instead to call her at home... I called her home, left ONE message--- basically--- to please provide me a copy of my mothers' will and her death certificate. LESS than 3 hours later, her number had been disconnected. My mother told me several times where the copy of her will was.. my sister found it before I could get to it...and since it mainly benefitted me, it no longer exists.... She had the will made at the JAG office, I contacted them, and they told me the will (made in 1998) was no longer in their records.
There must be something I can do. Each of my mothers' assets alone don't amount to much, but when added together- there is a sizable estate.

My mother would have been 90 years old two weeks after she died. She died THREE hours before I arrived to see her--after driving over 15 hours straight..... and exactly 1 week after my sister threatened to have her life support disconnected......... THERE MUST BE SOMETHING I CAN DO. Even if I gain NOTHING. Her ARROGANCE, and what she is doing is WRONG- and there must be some sort of resolve out there for me........
I just don't know what it is..........
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Senior Member
The first thing to do is to contact the probate court in the county where she died and see if there is a file. They will send you a copy for a small fee. If there is no file then you need to contact an estate attorney and have him start probate naming you as executor if possible. Some states require you to be a resident in order to serve.
to IWPAT.........

I called the probate court in the county where she died, they have no record..... I know she has a bank account, they will tell me nothing since my name is not on the account. She had CD's for all (5) of her grandchildren, when they reached the age of 18. MY children are the only 2 out of 5 that are still minors (6 and 8). My sister claims THOSE CD's were diminished after 9/11............. All I want is to find a stonghold that will force my sister to "fess up" in court. If there is nothing left, then so be it... at this point, as she has for the last 40 years, my sister thinks she is THE ALMIGHTY............. and I , and my feelings are purely NON-existant........... If there is nothing, then there is NOTHING..... if there is 1.00, then 50 cents of it is mine, and I want it!


As lwpat told you, the next step is to contact a probate attorney and have him/her begin the process of probate for your mother's estate. He can file intestate (meaning no will) and if your sister has a copy of a valid will she will either have to produce it or, if as you say, you are the only heir, destroy it and take her chances in court.

But you need to have a probate attorney working on this as of yesterday.


No, because you will be hiring a probate attorney in the city where your mother passed away in Georgia.

And you will be doing it NOW!
how much time we talking here?

I've contacted several lawyers in GA... I am very hopeful of one, since he was referred by a Judge...

HOWEVER..... as I sit here on pins and needles..... how much time are we talking? Are there any limits? My mother died in September 2003... nothing has been probated..... does she have a certain amount of time to probate before all bets are off? Do I have a certain amount of time to cry FOUL before my options run out????

She is waiting out SOMETHING... a deadline in HER benefit, I can almost guarantee...........

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