Legal Question in Wills and Trusts in Georgia

My sister is the executor of my mother's estate. My mother past away October 16, 2007. Her estate consists of a house in Decatur, Georgia, tax value of $215,000, no mortgage or liens to date. I am her son and live in Midway, Kentucky, on disability, in poor health and unable to drive due to legally blind in one eye. I have a fixed income of $670 a month. My mother left a list of personal heirlooms to be distributed to her heirs: my sister, myself, and my daughter. I have a copy of the will, the living will, and the list of items. To date, my sister has cleaned out the house, has not distributed the contents, has not probated the estate, and the house has not been put on the market. I am listed on the will as co-executor if it became necessary to do so. My health is failing, and I need to know what I can do to petition the will, so my mother's wishes can be honored. If the personal items have been sold by my sister, what can be done to hold her accountable for the antiques that were to be distributed? Can the house be place on the market, so when sold the proceeds distributed to the beneficiaries as in the will? Thank you.


Asked on 10/21/10, 7:07 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

You really have little choice than to retain a lawyer to handle this, given the issues and values, and the many more necessary facts. It is not something for a DIY or free internet site. There are many lawyers in Decatur/DeKalb County who handle probate and estate matters as a primary practice, so you need to get in touch with one ASAP. It should have been done years ago.

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Answered on 10/26/10, 7:14 am
Harold Holcombe Harold D. Holcombe, P.C.

I agree with Mr. Riddle. This is a complicated probate matter that should be handled by an experienced attorney.

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Answered on 10/26/10, 7:23 am


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