Legal Question in Wills and Trusts in Georgia

My mom and dad had over 2 million dollars in property not including etc and they made me the power of attorney in the will my mom died in 2009 my not so close cousin moved up in 2012 the will had to have gotten changed cause when my dad a died my cousin received everything and now he is trying to sell it all


Asked on 2/17/16, 9:59 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Powers of attorney expire on death, so, no, the 2009 will did not say what you say it does (perhaps you meant executor, which still doesn't say who gets property, as the will's language decides that). Regardless, there is no right for children to inherit from parents once they are 18, so it sounds like your parents chose to disinherit you in part or completely, or split property with others. But regardless I have not seen the will and probate papers, and you have (or should have, as they would have served you with a copy during both probates). Even though most of your post doesn't add up as you've obviously left a lot out, I am perplexed, with $2 million at stake, why you didn't see a lawyer both in 2009 and 2012 to determine your rights, if any, given how cheap a consultation is. So many years later may be too late, but take copies of the wills and probate papers (if you lost them you can get new ones at the Probate Court for a small copying fee) to a local lawyer in case you do have any claims or rights at this point.

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Answered on 2/17/16, 10:25 pm

I agree with Attorney Ashman. First, powers of attorney are for the living, not the dead. So the will did not make you power of attorney. That would be separate documents for finances or health care and they would name you as agent to manage the property ro make healthcare decisions for the person who made the document.

Wills are for dead people and they name someone to be the executor. The executor figures out what the dead person, owned and owed, pays debts and transfers what is left to the beneficiaries/ named in the will. Even if the will made you executor, that does not mean that you got to inherit anything. Executors oversee the transfer of assets/winding up of affairs, but they do not have a right to inherit unless also named as beneficiary. It comes as a shock, but parents do not have to leavbe their children anything and they are free to completely disinherit them if they so choose.

And if parents died in 2009 and 2012, where have you been all these years? The estate administration should be over by now. It sounds like that for whatever reason, you were not involved in your parents' lives at all and have sat on your rights and did nothing. That created a vacuum and your parents probably had a will leaving their stuff to each other. When dad died, he got everything and since your cousin was around and you were not, dad may have decided to leave stuff to cousin and not you.

But I am speculating. Your best bet would be to contact the probate court in the county/state where your parents lived at the time of their death. Get a copy of the estate files for each. Then go see a probate attorney who practices in that county and pay him/her to review and advise you as to what happened and see if you were disinherited and whether any kind of challenges can be posed at this date.

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Answered on 2/20/16, 4:08 am


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