Legal Question in Wills and Trusts in Georgia
Will not fulfilled
My father died 3 years ago in a suburb of Atlanta. His 2nd wife's daughter and son were living with him at the time. They were never adopted by my father. My father's will made a few stipulations to a couple of people. It also stated that the house should be sold and the proceeds be divided between myself, my sister and 3 of his 2nd wife's children. His 2nd wife was deceased at the time of my father's death. The daughter who was living with him was to execute the will and see that everything was disbursed to the heirs. As of this time she has done nothing. She is still living in the house with her brother. I called her about a year ago to see what was happening but she got abusive on the phone, threatened to cut me out of the will altogether then hung up on me. There has been no further communication. I would appreciate any information you can give me to get this situation resolved. Thank you.
3 Answers from Attorneys
Re: Will not fulfilled
If the will was probated, an executor was appointed, and you are an interested party, you may file a petition with the relevant probate court to compel the executor to give an account of her actions, fulfill the terms of the will, and/or to have the executor removed.
Re: Will not fulfilled
If there is a valid will that gives you and others part of the estate, then you may have an enforcable interest. You should seek the advice of an estate attorney. It sounds like the people you described are taking advantage of their situation.
Re: Will not fulfilled
She cannot cut you out of your father's will. Immediately contact an attorney and find the original will. You need professional help.
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