Legal Question in Wills and Trusts in Georgia

How to find out the final value of a parent's estate

My Mom died 1/2005 shortly after relocating from NY to Georgia. She was under alot of pressure from my brother to redo her will; she agreed after much duress, and it ended up be ''secretly'' revised just before her move.

After she passed on, I was informed that I was no longer a co-executor of the estate, I had been deemed a ''specific amount'' along with a ''no contest clause''.

After many months of bs, I finally received my ''specific amount'' - and quickly deposited it. Just before getting my share, I had asked Mom's ''new'' attorney if I could find out what the final value of the estate was worth. He said because I was not an executor, I was not privy to this information!

I was her child, too, and I want to know exactly how much I was cheated!! Is there any way to find the amount of money my brother ended up with, and the final estate amount at this point in time?

Thanks so much for your assistance with this matter!

G.M.M.


Asked on 5/23/06, 4:45 pm

3 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: How to find out the final value of a parent's estate

You can contest the actions of the executor as well as the authority of the purported executor. You should contact an attorney in the county in which her will is being probated.

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Answered on 5/31/06, 3:59 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: How to find out the final value of a parent's estate

G.M.M.:

Wills are open to the public. Go to the county where she resided and ask to see the file.

If you believe she was "unduly influenced" you should contest the will.

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Answered on 5/23/06, 10:11 pm
Walter LeVine Walter D. LeVine, Esq.

Re: How to find out the final value of a parent's estate

You could sue to demand an accounting from the executor. While you could contest the Will, you may be out of time to do this, as there are limited time periods by which these types of suits must be initiated, usually not more than a few months from the date of probate. I suggest contacting a local attorney where the Will was probated to ascertain your rights, time limitations and suggestions on how a suit may be initiated and what grounds should be asserted. I suggest undue influence by your brother and, possibly, fraud on his part. You may have a difficult time and these suits can be very costly. In many states the "no contest" clause has been rules invalid, so check on that as well.

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Answered on 5/25/06, 11:57 am


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