Legal Question in Wills and Trusts in Georgia

I am trying file a petition for executor of my grandfather's estate .The participants are not cooperating. can i legally devide the estate ,which happens to be realestate,and move on with my portion.

Asked on 8/19/10, 5:09 pm

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

You cannot legally do anything with the estate until your grandfather passes and either: (i) you are named as executor in your grandfather's will, or (ii) you file a petition with the Court and the Court appoints you as executor. Even if you are appointed executor, you may still have to obtain court approval prior to doing anything with the property. IT DEPENDS. The Court can appoint one or more executors. The Court will not allow multiple executors to divide the estate. I suggest you hire a Georgia attorney experienced in these types of matters before you make any moves. Best of luck.******The above is intended for informational purposes only and does not establish an attorney-client relationship."

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Answered on 8/24/10, 5:19 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You do need counsel. It can be a huge mistake to file a petition especially where heirs disagree until you have someone do it properly and determine IF you should file.

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Answered on 8/24/10, 6:15 pm

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