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

UPDATED: Aug 23, 2011

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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


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

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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