Legal Question in Wills and Trusts in Georgia

dad died.left older sister in charge. sister has not carried out wishes of dad. oldest brother lived with dad 30 years or longer. will states all sons and daughters are heirs. sister is tormenting brother every day thereating to sell property out from under brother.brother has no place to go. can she sell property even tho we are all heirs/


Asked on 3/26/10, 5:52 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No one here has seen the will, but usually if there is real estate and several heirs it would have to be sold to divide it. Again, you've left out details (like what the will says), so you actually need to see a lawyer, but your own question makes it sound like the older sister may be correct. So go see a lawyer.

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Answered on 3/31/10, 6:35 pm
Paula McGill Paula McGill Attorney at Law

Under the will, were all assets devised to you equally?

Did your father give your sister broad powers to sell property to sell property to pay debts and distribute the assets to the beneficiaries?

You didn't state where your father resided. In any event, if you don't already have an attorney and your father lived in the Atlanta Metro area before his death, I am available to review the will to advise you of your rights.

Also, I've provided you with the Georgia Probate Court link that outlines the executor's powers and duties. This site is a good starting point for executors and beneficiaries.

http://www.gaprobate.org/reps_duties.php

Also licensed in Georgia and practicing in the Atlanta Metro Area

10 Glenlake Parkway

Suite 130

Atlanta, GA 30328

(678)793-7745

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Answered on 3/31/10, 8:11 pm


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