My Husbands grandmother just died in GA and didnt leave a will.
MY RESPONSE: Someone had better file a Petition for Probate.
We know that she had a safety deposit box and a checking account but do not know the contents of either. There are two surviving children. One of the children is planning on going and taking possession of the contents of both the safety deposit box and the checking account.
MY RESPONSE: That "child" won't get very far. Unless that "child's" name is on the checking account, and on the Safe Deposit authority paperwork, then nothing will be turned over without court orders (see above response).
Also the other child has also taken possession of the remains of the deceased without consent of the other child.
MY RESPONSE: That child doesn't need "consent". All he/she must do is prove to the mortuary that he/she is entitled to possession by virtue of a driver's license, or birth certificate, or some other proof. Then, the mortuary turns the remains over to that "child". Then, it's up to the other heirs, the court, and that "child" to fight over the remains in court.
I would like to know if this is legal and if it isnt what we should do in this situation.
MY RESPONSE: Right now, it's perfectly legal until someone makes a claim that's better, or superior, to the claims of the other heirs. (Again, see initial response, above). The court may decide to order that the remains be "split" amongst everyone. That way, everybody gets a "piece" of Grandma.
IAAL
