If my aunt’s husband died and she doesn’t know if he has a Will, what does she do?

She also doesn’t know if there is any money in his bank account, plus she thinks he had stocks, a 401K and a pension. They own a house together weremarried for almost 30 years. What can she do or should she do at this point? Before he died, he gave power of attorney to his son who would not discuss anything with my aunt so we don’t know if a Will exists.

Asked on June 27, 2012 under Estate Planning, Georgia


Brad Micklin / The Micklin Law Group

Answered 8 years ago | Contributor

If you're not sure for will exist, you will file as if one does not and seek to be appointed administratrix of the estate. One of the requirements of this filing will be to notify all the potential heirs of the estate of such filing. This puts the heirs on notice and if a will exists it becomes a burden of the notified parties to raise that issue.

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