Legal Question in Wills and Trusts in Georgia

how would i set up to be the trusty over me and my brothers trust fund that my father set up for us he died wenday the body was released by me im 17 im in georgia this is were my father lived and died. there are family members that want to take over and do not mean me well or benefit me and my siblings i do not have any money to obtain a layer so im trying to find out information on my own .the body is at a funeral home and how do i obtain some papers for the death certificate before he is being buryed wenday next week one of my aunts is trying to arange that plus she is trying to get executive over me and my sibling trust fund and cd set up by my dad. help me please what advise can you give me .he lives in fulton county (atlant georgia) we are at my other aunt house name angela she lives here in clayton county. we live in north carolina we are here till wenday

Asked on 8/07/10, 12:27 pm

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Your questions are not for an internet message board. You will not be able to do anything without proper legal advice.

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Answered on 8/12/10, 1:32 pm

First of all, your father is the one who had to create a trust, either in his lifetime, or in his will. If he did not do that, the court has a rule that minors (if you are less than 18, you are one as are your siblings) will not be allowed to receive the money or land and a guardian will be appointed for you to manage your property. A guardian may be appointed over your person as well. They usually have to post a bond and file reports with the court. They may invest the money (it has to be a very safe investment) or else let the court hold it until you come of age at which time the court will release it to you. I do not know when you will turn 18. Since your father just died, his estate may be tied up in probate for awhile and may make a guardian unnecessary for you ultimately.

Even though you live in North Carolina, all of the probate will occur where your father lived, in Fulton County.

You are not going to be able to get a death certificate or probate your father's estate given your age. Where is your mother? Is she married to your father?

If you are really adamant, perhaps the other aunt, where you now reside, will be willing to get a lawyer and step in to oversee the process.

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Answered on 8/14/10, 12:22 pm

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