Legal Question in Wills and Trusts in Georgia

my husbands grandfather died

My husband, his 17yr old brother and cusin were left everything of their grandfathers estate. It entells that they have to be 24 but does not say if we would have to wait for my brother in law to turn 24 before we are able to proceed with getting our part. Will we have to wait and what are their responsibilities as to what they need to do?


Asked on 10/23/08, 2:30 pm

1 Answer from Attorneys

Robert Thompson J. Robert Thompson Attorney

Re: my husbands grandfather died

If the property (or the proceeds of the property, after sale) can be split into three equal shares, the executor(s) could distribute two shares, and hold the third in trust for the 17-year old until he turns 24.

If for some reason the property can't be split (such as real estate which no one wants sold) some joint ownership arrangement would need to be worked out between the over-24 heirs and the executor(s), but basically the same procedure would apply.

Much depends on the other terms of the will, such as what powers the executor has--if he doesn't have broad powers, it might be necessary to apply to the probate court to enlarge his powers to permit this. In that event, the estate should consult an attorney. There is also the question whether the will's provision for the 17 year old gives him a vested interest, or a contingent one, which would go to someone else if he died before age 24--you should get an attorneys' opinion on that issue.

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Answered on 10/23/08, 4:14 pm


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