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John's Journey Through Out-of-State Probate

July 17, 2024

John's life was upended when both his parents passed away within a month of each other. His father died first, followed shortly by his mother. John, a resident of Louisiana, and his parents who lived in Cobb County, thought they were completely prepared, having named beneficiaries on their accounts to make transferring the assets as easy as possible.


Amidst his grief, John discovered they had missed naming a beneficiary on one significant account, which they planned to use for funeral costs. As the Executor of his mother's Last Will & Testament, John now faced the need to probate his mother's estate so he could access and distribute the funds in that account.  



Like most people, John had no experience handling such legal matters, and the probate process seemed overwhelming. The thought of managing his parents' estate, especially from a different state, was daunting. He questioned whether he could handle the process and the legal complexities involved.

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John reached out to Nelson Elder Care Law, seeking guidance. Our team, led by our paralegal Lisa, stepped in to assist him, providing expert advice and support every step of the way. Her knowledge and dedication reassured John, giving him the confidence to move forward.

 

The journey began in earnest when John learned that his mother's will was incomplete, lacking a signed self-proving affidavit, crucial for validating the will. Lisa immediately took action, tracking down the original witnesses through persistent outreach. Her success in securing the necessary witness confirmation helped John clear the first significant hurdle in the unfamiliar territory of probate law. 

The next hurdle came when John needed to take his Oath of Administration, so the court could formally appoint him as Executor. As a firefighter, John's work schedule and commitments prevented him from traveling to Georgia. Even more challenging, as a resident of a state that doesn't require these oaths meant his local courts could not help. Lisa worked diligently with the Cobb County Probate Court to arrange a virtual oath-taking process, saving John from having to travel.


Additionally, John had paid various funeral and management expenses out of his own pocket. He and Lisa meticulously documented these expenses, ensuring that he was reimbursed from the estate funds as his parents had intended. Throughout the process, John had a steadfast ally in Lisa. She provided a clear list of required documents, reviewed each meticulously, and maintained regular communication, keeping John informed and reassured.


With the process nearing completion, John had successfully navigated the probate process, honoring his parents' legacy with the guidance and support of Nelson Elder Care Law. The successful validation of the will allowed John to close his parents' financial accounts, reimburse funeral expenses, and distribute the estate, honoring his parents' wishes. His story is a testament to his strength during one of his most challenging moments and the invaluable support that expert legal guidance provides.



At Nelson Elder Care Law, we are proud to have been part of John's journey. If you or someone you know needs assistance with estate planning or probate administration, please don’t hesitate to contact us. We’re here to help you navigate the complexities with confidence and care.

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