Legal Question in Wills and Trusts in Georgia

In my mothers estate a house was left to the 4 children to be split evenly.

My brother is is the executor of the will sold the house with out our consent or knowledge.

Was in in his right to do so?

Asked on 2/28/16, 9:45 am

3 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Most wills grant executors broad powers and most probate letters of administration confirm that grant. You chose not to tell us if your mother's casegranted those powers. If it did the answer is yes. That is likely a blessing as the alternative, a house with 4 owners, is often an expensive disaster.

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Answered on 2/28/16, 10:38 am
Scott Riddle Law Office of Scott B. Riddle, LLC

Were there debts that needed to be paid from the estate? If so the house may have needed to be sold. Just one more detail we don't have.

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Answered on 2/28/16, 11:42 am
Stephen Worrall The Manely Firm, P.C.

I agree with the prior answers. Heirs get paid last; after all debts are paid. Even if all debts were paid, it does not require that he give each of you a quarter interest in the house. He could choose to liquidate and split the proceeds remaining after all debts and costs of sale are paid. The better person to be asking questions about the status of the estate is your brother. He is required to exercise his duties in good faith and should let you knwo what is going on. If he refuses to do that, then getting a lawyer involved might be appropriate.

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Answered on 2/28/16, 3:24 pm

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