Legal Question in Wills and Trusts in Georgia

My father passed away 3 weeks ago. My sister planned everything without my consent. She payed for the funeral out of my fathers checking account even though she is not on the account. She has since over drawn the account also. She has started selling off misc small items to pay bills and says we are splitting everything however I haven't saw one dime. I havent even got to see a copy of the will she claims to be the executor of. She keeps saying it is being filed with probate. She has also put a lock on my dads house and let her daughter move in and says I cannot go inside anymore. I of course now realize I am getting pushed out of everything. What can I do to secure the rest of the estate. Can she just let someone move into his house and lock me out when my inheritance is inside and slowly being peddled off,

Asked on 6/09/12, 9:32 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office

I am sorry for your loss.

You may or may not have any inheritance depending on what the will says. However, if you feel that things are not being done properly, and there is much in your post that would say that is quite possible, you need to obtain an experienced probate attorney immediately to protect your interests.

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Answered on 6/09/12, 10:08 pm

I agree with Attorney Ashman. You need to get to a probate attorney in the county/state where your father owned property. It is kind of soon for a will to be submitted for probated (the executor needs the death certificate). And it is way too soon to be paying funeral bills. Bills like this are the responsibility of the estate and have to be paid out of estate funds not your father's checking account. An estate account can only be created after a will and petition for probate is submitted and the court issues letters testamentary. Items should not be sold until they have been inventoried. Nor should the daughter e living in the house.

Your sister is making a mess of things and the quicker you act the better it is going to be,

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Answered on 6/10/12, 10:56 pm

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