Heirs Never Received What Was Willed to Them

My question involves estate proceedings in the state of: My mother passed away in the state of Georgia in April 2011. She left my brothers and me accounts that were the funds she received from her parents when they passed away. She always kept it separate from her and my father’s things. My father probated the will, which was completed in September 2011. My brothers and I have never received anything from the estate and my father has stated that there wasn’t anything in the account that was left to us. My mother suffered from Dementia for the previous five years before her passing and stayed in my home during hospice care. Why haven’t my brother’s and I been told about what was left to us?

Was the bequest to your and your brothers in the will? If so, was it general bequest? Or did it mention specific accounts?

Have you contacted the court to get a copy of the probate case file?

Yes, the bequest was in the will and there was an account listed. My mother always said she wanted me and my brothers to get her money because she didn't want "some floozy" getting it if she died before me dad, and darn if she didn't do it. We had no idea until probate sent us each a copy of her will. My father never said a word to us about being in her will. I've tried contacting the court awhile ago and wanted to speak to the judge, but it never happened. I will call tomorrow to see about getting a copy of the probate case file. We found out that our father wasn't the man we all thought him to be after my mother passed away. He already had a girlfriend during my mother's illness and passing. Very devastating to all of us.

contact the probate court and get a copy of the probate file. See what it lists for estate assets. If there was a bank account, it should be listed with an amount.

Once I get the copy of the probate file and it clearly states the account, what do I do next? I'm at a loss.

you start looking at the accounting of the estate.

One thing you have to realize, it doesn't matter what the testator leaves to anybody if the debts of the estate exceed the assets. Payment of debts comes before distribution of assets. If there are no assets to distribute, then you don't get anything.

Thank you so much for your help. I will be getting a copy of the probate case file tomorrow. There would have been very little to none as far as debt from my mother. I will post what I find out. Thanks again.

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Quoting marcat

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My father probated the will, which was completed in September 2011.

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Am I correct in interpreting that to mean that administration of the probate estate was completed in September 2011? Two years ago?

Yes Sir, I tried back then to get some answers from the court, which was a run around and just dropped it. I was still grieving the loss of my mother which made all of it just so much more difficult.

You and your brothers never received a copy of an inventory? Or an accounting when the probate was closed?

Something is not right. Definitely see what you can find out at the court.