Legal Question in Wills and Trusts in Georgia

What do you mean "divide it up?" Divide what up? Creditors get paid before heirs, so breaching a fiduciary duty and improperly taking estate funds and other property is the best way to make sure you have personal liability.

Have to agree with Attorney Riddle. There is nothing to divide up. POA ends at death, so that is not relevant.

What matters is the will. Who is the executor? The will has to be probated. Claims are paid in order of priority. Since there is not enough money to go around, funeral expenses are paid first, but only to the limit allowed by law. The executor is going to need the assistance of legal counsel and the executor should see one immediately. If there is on will, you or whoever wants to do the job still needs to get to an attorney. Where there is no will, the person in charge is called the administrator.

It may be just better to deed the house back to the mortgage company in lieu of foreclosure since your mother is upside down. However, the executor/administrator, the heirs and the estate attorney should make that decision after review of all the facts.

The POA died when your mom did.

You need a lawyer. Let me stress that.

To divide her estate, and even to sell the home, neither is possible without a probate. Since creditors get paid ahead of heirs, the $12,000 could end up with the mortgage company. A good estate attorney may be able to negotiate a far better outcome.

Feel free to call me to discuss details.