How can we compel brother to give us the original will?

1 answer | Last updated: Jul 20, 2010
JulRoop1 asked...
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Caring.com User - Steve Weisman
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Steve Weisman hosts the nationally syndicated radio show A Touch of Grey, heard on more than 50 stations, including WABC in New York City...
Steve Weisman said...

Most states including Georgia have laws that require a person who has possession of an original Will to promptly file it with the Probate Court. Title 53, Section 53-5-5 of the Georgia Code not only requires that a person in possession of an original Will promptly file the original Will with the Probate Court, but also provides for a person refusing to do so being possibly subject to a fine and even imprisonment for contempt of court. I suggest that your ex-husband hire a lawyer to represent him and the estate. He should then have the lawyer petition the Probate Court in order to have the brother file the Will.

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