Can an only child probate a Will for mother, if father is in jail for the mother’s death?

Both parent’s had a Will. The father is in jail, being charged with the death of the mother. The only child is listed as the heir, of both parent’s , but the mother left everything to the father, and the father left everything to the mother. The only child is the next in line to their estate. Can the daughter probate her mother’s Will, since the father is still alive? And what step’s need to be taken?

Asked on August 23, 2011 Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for the situation.  Please seek legal help here.  Yes, you can ask the court to appoint you as the executor of the estate in place of your Father (who I am assuming is named) but there are other issues here under the law given the facts as you have presented them. Are there insurance policies involved here?  Then each state has a statute that deals with this matter and generally states that a party can not benefit from the death of the person that they killed.  So if your Father was convicted of killing your Mother you need to have the court disallow him from inheriting her estate.  Then you would inherit her estate.  Good luck to you.


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