Legal Question in Wills and Trusts in Georgia

Brother is self appointed executor

My Dad marked my brothers name off as executor on his will before he died last year and he said I`m done with him, Ok Mom died March 30th 07 she never updated the will! I was her only child that helped her do a thing after dad died, she was 81 now. I was the P.O.D. on her savings account (which I have recieved) brother is the self appointed executor and I wont sign the probabte papers until he signs my paper stating I am entitled to my portion of the will which will be a fifth, should I sign the paper to go to probate? he says if I dont sign it I will have to pay court cost and all legal fees is this true?

Asked on 5/08/07, 1:21 pm

4 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: Brother is self appointed executor

Don't sign anything until you have the document(s) reviewed by a local attorney. Your brother is blowing smoke.

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Answered on 5/09/07, 9:54 am
Harold Holcombe Harold D. Holcombe, P.C.

Re: Brother is self appointed executor

I need more info. Your mother can't update your dad's will. The only thing that matters is what the wills say. If there is a legitimate issue then you shouldn't have to pay any atty's fees. You really should contact an attorney that can familiarize themselves with your case and help you.

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Answered on 5/08/07, 4:23 pm

Re: Brother is self appointed executor

Often situations like yours improve greatly once an attorney is employed. If your brother is already threatening you with legal fees and trying to coerce you into signing documents, your best option is to obtain representation. Please feel free to call my firm in the event that you are in the metro Atlanta area and wish to determine what employing a lawyer entails.

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Answered on 5/08/07, 6:08 pm
Robert Thompson J. Robert Thompson Attorney

Re: Brother is self appointed executor

You do not give enough details for a complete answer. Was this a joint will, or were there two wills? How could your brother "self-appoint" himself as executor?

As to your brother's threats, simply refusing your consent to probate does not expose you to anything: only a frivolous challenge to probate might do this.

I suggest you turn the matter over to an attorney, who can give you advice based on all the facts.

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Answered on 5/08/07, 7:36 pm

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