If my father died last year but I was not informed of his death at the time, what are my rights now as his sole heir?

I was not informed of his death for 6 months. I found out through his ex-wife looking for him online and found his obituary. I am not mentioned in it. I have talked to the JAG officers on the base and they told me to contact the probate lawyer. The probate lawyer of the estate said that most of his assets were already settled and that he could only include me in the house which was sold. My aunt lied to the probate lawyer saying my father didn’t have a son and purposely left me out of the know so she could claim everything. My father didn’t have a written will but according to state law I am the sole heir. I was currious if it is possible that i could get the whole estate and, if so, how?

Asked on August 8, 2014 under Estate Planning, Georgia

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss and for the issues that have resulted in your Aunt's deception.  I am surprised that the Probate Lawyer said that to you because if I were him or her I would be a bit concerned right now.  You need to get a lawyer asap.  Is your Aunt the Personal Representative?  Then she probably had to post a bond and if she lied to have herself appointed and to control the estate and dissipate assets then you can go against the bond and most likely sue her personally (just double check state law) as well.  If there were assets you want that were already sold you may be able to set the sale aside.  But you need to act VERY quickly here.  Good luck.


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