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  1. #1
    Join Date
    Oct 2013
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    2

    Default Life Insurance Company Won't Give Estranged Spouse Information About the Policy

    My question involves estate proceedings in the state of: Georgia

    My wife was killed in a car accident in Statesboro GA on August 30. I live in Virginia. We were seperated, but legally married. We have 2 children together and I found that she had an insurnace policy. I'm assuming the kids are the beneficiaries, but cannot get any information from the insurance policy. They are asking for a "Administration of no estate" form. There was no estate. To close out her bank account, I needed the probate to provide me with a similar form. The lady at the courthouse (Statesboro GA), informed me that if I obtained this form and it went through the court system, I'd have zero rights at that point. All I'm trying to do is get the benefits for my children. What do I need to do? Help!

  2. #2
    Join Date
    Mar 2013
    Posts
    4,493

    Default Re: Help

    Everybody has an "estate." Hers included her bank account, car, personal belongings, etc.

    I suggest you stop taking legal advice from court clerks.

    You're still married.

    When you open probate and become representative of her estate and get your court papers you might end up not getting any money from her estate for yourself but it would certainly authorize you to deal with banks and insurance companies and anything else that comes up and you would likely be eligible to arrange for any insurance proceeds to be held in trust for the children.

    Consult an attorney if you don't know what to do next.

  3. #3
    Join Date
    Oct 2013
    Posts
    2

    Default Re: Help

    First off, thanks. Second, when you say "open Probate", what does that mean? Do I NEED to be the rep. of her estate?

  4. #4
    Join Date
    Mar 2013
    Posts
    4,493

    Default Re: Help

    Quote Quoting sganoe
    View Post
    when you say "open Probate", what does that mean?
    It means submitting her will to the court, filling out forms, and administering her estate. If she died without a will you do that under the laws of intestacy.

    Quote Quoting sganoe
    View Post
    Do I NEED to be the rep. of her estate?
    Yes.

    Otherwise, you can't touch the bank account, you can't distribute or sell her property, you can't deal with the life insurance company, you can't make sure that your children get any inheritance, you can't do anything at all without the authority of the probate court.

    You do have the option of backing off and doing nothing in the hope that somebody else (like her parents or siblings) will handle the probate.

    The following site gives you an overview of how GA probate works:

    http://www.nolo.com/legal-encycloped...-overview.html

    And has a section on the simplified treatment of small estates:

    http://www.nolo.com/legal-encycloped...uts-32197.html

    This next site has some self help information, forms, instructions:

    http://gaprobate.org/

    The Bulloch County (where Statesboro is) Probate court website appears to be no help.

    http://bullochcounty.net/government/...probate-court/

    However, Fulton County (Atlanta) Probate Court has a Probate Information Center where you can get a half hour free consultation with an attorney. You might be able to do that by phone and get some tips on how to get started:

    http://fultoncountyga.gov/fcprobate-information-center2

    Last but not least are the Georgia probate statutes:

    http://law.justia.com/codes/georgia/2010/title-53/

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