Lilburn, GA Estate Planning Law Firms & Lawyers

In order for a person's Will to be made legally effective and actually allow the transfer of assets in the person's probate estate to the intended beneficiaries, it has to be admitted to probate in the appropriate county. In this case, if the aunt had her principal residence in Georgia, the probate court for the county where she had her principal residence is the appropriate county to start with. The Will has to have been admitted to probate and an Executor appointed by the court. There is also "filing for informational purposes only;" that does NOT appoint an executor. It's not clear what you mean when you say the Will has been filed briefly with the court. The Executor of the estate has to notify any potential unknown creditors by publishing a "Notice to Debtors and Creditors," and to clean up all outstanding items such as final income tax returns for the years the aunt was alive and pay her debts. The Executor also has to determine a proper fair market value for her probate assets as of the date of her death. Only once all debts, taxes, and expenses of the estate have been paid can any assets be distributed to the nephew under the Will. In order to transfer the property to the nephew, the Executor then has to execute a deed (which can be called an Executor's Deed, an Assent to Devise, or a Deed of Assent) to actually transfer the property to the nephew's name. Just having the nephew start living there and paying expenses does nothing except put him at risk for all kinds of problems. If the nephew wants to be able to keep this house, he needs to ensure that the estate is dealt with correctly. If he really has no funds, then he may be able to get some legal help through a legal services clinic. Some probate courts in Georgia (DeKalb and Fulton, and I think others) have programs operated through the courts themselves, where volunteer attorneys come and help with these kinds of issues. But in general, he may need to get an attorney to help him. It does not have to be expensive; many attorneys can provide help on an as-needed basis for fairly inexpensive fees.

If you were adopted by your parents, then the law treats you as though you were born naturally to them. I'm not sure I understand what you mean by saying that they did not specify a "benefactor" (I think you mean "beneficiary"?) in their will - this is one of the primary purposes of the will, so if they executed one, there should be some guidance about how they wish for their estates to pass. If there is no will (or no mention of beneficiary designation in their will), then the statutory distribution would control - generally, this means that the surviving spouse inherits. If there is no surviving spouse, then the child/children inherit, etc. If you are their legal child and you survive your parents, then you would be the one in line to claim their estate (siblings are not in line to inherit if there are surviving children), unless their will (or other beneficiary/transfer designation provides otherwise).