does anyone know the legal term for

[dmc-2008]

I would say you are looking for emancipation of sorts. It does not only apply to kids. That is the term I would use.

[tobee43]

I would say you are looking for emancipation of sorts. It does not only apply to kids. That is the term I would use.

i'm not thinking that is applicable in anyway. while it does not always apply to children, it would not really be within the realm of estate or trust issues as far as i am aware for this particular type of situation.

[dmc-2008]

I am sure i posted the word emancipated earlier, is that something that could help you?

[dmc-2008]

Because if there was some type of emancipation from that family it would work .

[dmc-2008]

It was just a thought! Sorry you are having such a hard time!

[LadyInTheRed]

When a petition is filed to admit a decedent's will to Probate, state law dictates who must receive notice. While the notice requirements may vary, it is not uncommon to require notice to anyone mentioned in the will and any heirs-at-law (spouse, children, surviving parents, for example, depending on state intestacy laws), whether they are mentioned in the will or not. A person does not have to ever agree to anything to be a person to whom notice is required. The notice is to allow the person to assert any rights they may have to the estate. But, there usually is no requirement that the person receiving notice responds.

You can't control what people put in their will. A good attorney will recommend somebody name all children they ever had and specifically disinherit those they don't want to leave anything to. In fact, some state laws provide that if that is not done, a child or spouse that is not mentioned in the will can claim an interest in the estate. Even if you weren't mentioned in the Will, you would probably have to receive notice anyway.

I looked at Georgia law. It appears to me that the only thing that would require you to have your signature notarized is for you to acknowledge service or waive service. If you don't do either of those things, the petitioner must serve you personally. One way to do that is to serve you by certified mail. The service is complete when they receive your signature on the post office's return receipt. But, the petitioner may also choose to have the Sheriff serve you. Don't take my word for it. I have extensive experience with California probate and have some familiarity with other state procedures. They all are very similar, but there are differences in noticing procedures and many other details. My knowledge of Georgia law is limited to what I've read in my attempt to help you. So, if you can't consult with an attorney, please do the reading for yourself.

Here's link to the Georgia Wills, Trust and Estate Code: http://law.onecle.com/georgia/53/index.html See Sections 53-11-1 and 53-11-7.
Here's a link to a Georgia Petition for Probate in Common Form: http://www.gaprobate.org/forms/forms...1GPCSF%204.pdf
And the Petition for Probate in Solemn Form: http://www.gaprobate.org/forms/forms...20Fillable.pdf

Here's the Judicial Branch of Georgia's website on probate: http://www.gaprobate.org/loved_one.php
That website describes the use of the two forms:

PROCEDURES AVAILABLE FOR DECEDENTS' ESTATES WHEN THERE IS A WILL

SOLEMN FORM PROBATE This procedure requires notice to all heirs and becomes binding upon all parties immediately upon entry of the final order. "Heirs" are those persons who would inherit the estate if there were no lawful Will; heirs may or may not be beneficiaries under the Will. The notice requires anyone having a legal cause to object to or contest the alleged Will to file the objection or contest before a certain deadline. The original Will must be filed with the petition, and proof of the proper execution of the will must be provided by either a self-proving affidavit, Interrogatories or Proof of Witness. All heirs must be duly served or must acknowledge service. The Court will appoint a guardian-ad-litem for each minor or incapacitated heir.

COMMON FORM PROBATE This procedure may be done without notice to heirs but does not become binding for four years after the appointment of the Executor. The requirements of providing the original Will and proof of proper execution are the same as with the Solemn Form Probate. Heirs and others may file an objection or contest at any time up to four years after common form probate.

There are all kinds of reasons a sheriff may knock on your door. It should not be a source of shame. If you are so worried about what your neighbors think, go tell them that a relative died and the Sheriff was there to serve notice. Better yet, stop worrying so much about what they think.

I strongly doubt that you are really required to get anything notarized unless you want to file something with the court. Getting a waiver or acknowledgment of service notarized will likely prevent the Sheriff from coming to your door. It's up to you whether it is worth the trouble.

ETA: Trust me, these people would probably rather not have to contact you. They probably don't think it's your business any more than you do. But, they have to follow the legal procedures to administer the estate. The procedures exist for your and their protection.

[LadyInTheRed]

Because if there was some type of emancipation from that family it would work .

You are thinking of a procedure by which a minor is declared an adult and no longer under the control of their parent. It has nothing to do with probate procedures. A minor can be emancipated and still be the legal heir of his/her parent.

[witeout]

Thank you everyone for your very helpful replies! I can't thank you enough actually. I see now that I have to focus on the big (legal) picture here and not get caught up in the small stuff. I'm just going to do the notary tomorrow and be done with it.

My husbands idea is next time to just get the notary part over with but to never read the actual will, then just dispose of it.