Legal Question in Wills and Trusts in Georgia


My grandmother passed in July 2010. My father, her son, passed in 12/2008. My aunt, her only other child has assumed the position of executor of the will. The situation that my siblings and I are concerned about is the fact that my grandmother's estate, which includes property and money has already been distributed, including her house and furniture, before a will has been probated. We have not received anything, and our Aunt has said that she needs our signatures before she can "access funds to give to us." She claims my grandmother left everything to her but we have not yet seen a will and she didn't provide a copy when asked. She gave me the information of a lawyer that has a copy of the will, but it is not the lawyer that helped my grandmother draw up the will.

My question is what type of rights do we have as my deceased father's children, to get fair distribution of assets. We are weary of signing anything before we see the will, and we would like to know how to get a copy without having to ask her.

Thanks for your help!

Asked on 10/11/10, 7:50 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You contradicted yourself over and over in your post, so there is no way to answer you without knowing which version of your facts are true.

No one assumes being executors. Executors are named in a will but must be sworn in by a couert after a probate.

Obviously you should sign nothing until yoyu (1) see a lawyer and (2) see a will. Get a good probate attorney.

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Answered on 10/16/10, 8:18 am

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