Legal Question in Wills and Trusts in Georgia
My mother passed almost 2 years ago and my sister and brother in law are co- executors. Her will stipulates the estate to be sold and divided equally. In that time the house was listed for sale for 120 days and she has since allowed the insurance to lapse liquidated the personal property and spent thousands of dollars without any money division among heirs. she refuses to even rent the house and now wants the heirs to pay to insure the property. What are the chances we could have these two dismisses and have an administrator appointed by the court
2 Answers from Attorneys
Since no one here has read the exact terms and powers in the will there is no way to guess. If you feel the probate is being mishandled, you should retain a lawyer.
If what you say is correct, it sounds like somebody is not doing their job properly. This should have been wrapped up a long time ago. Putting the property on the market for 3 months is not long enough. Maybe the property was priced too high? Or maybe its in a bad area or needs some work. Whatever, it needed to be on the market longer than 3 months. Letting the insurance lapse was a BAD idea. What if vandals set fire and destroy the house? I the market is not right to sell, renting might be an option, but that should not delay closure of the estate.
What I would do is make a copy of the will and the estate file and pay a probate attorney to review the file. You will need an attorney in the county/state where the estate is pending.
Don't get a public administrator. Why can't you do it?
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