Legal Question in Wills and Trusts in Georgia

NH passed away in March and had a will and it has been probated. I received a copy of that will. The only real estate that she had was her home and that has been sold as ordered in her will. She had considerable money in the bank and that has been taken over by the Executrix. No items were individually listed in the will as to what to do with those. In the will it is written for the three heirs to "share and share alike". I have spoken with two of the heirs and they indicate that it is not going that way at all. The Executrix, which is also an heir, is taking the majority of everything. A trust is to be set up for one of the heirs and the other two get a lump sum payout. The two heirs, which are not executrises" have been told that they will receive the lump payout and the trust on several different dates, however, that date continues to change. The last date given for them to receive their portion is February 2012. I have been involved in a couple of wills before and I have never seen anything like this. Once all the stipulations in a will have been met, then the payouts are usually completed. All stipulations in this will have been completed. We are eight months out from the date of NH's death and if payments are not made until February that will be close to one year since her death. There was no large estate and she had no debts. The young women that are really hurting are not well off, and therefore, cannot afford the assistance of an attorney. My portion of the will as a beneficiary is so small that it would not pay me to heir an attorney. NH lived in Georgia. The Executrix and one of the other heirs live in Georgia many miles apart. The Executrix lives within a few miles of the deceases home. The other heir lives in Tennessee.


Asked on 11/18/11, 9:55 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You didn't ask a question anywhere in your post, but if you or any heir have a concern the estate is being mishandled, the appropriate step is to hire a lawyer (and possibly sue the executrix). Time matters with this, so delay is exactly what should not happen.

If as you say the amount involved is small and they can't or won't hire a lawyer, they might try to petition the probate court pro se, but that may have complexities they will not be well-equipped to address.

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Answered on 11/18/11, 10:21 am

The heirs need to hire a probate attorney to review what has been done to date and to make sure that the executrix is handling things properly and seek her removal if she is not. It will be cheaper if the non-executrix heirs all hire one attorney - the issues are the same.

I would not recommend that the heirs try this pro bono. Possibly, if the inheritance is large, they may be able to find a lawyer who is willing to take this on a contingency fee and take a portion of the inheritance.

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Answered on 11/18/11, 8:04 pm


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