Legal Question in Wills and Trusts in Georgia

If I was willed my mothers house and the executive who had the power of attorney let it go into foreclosure after my mom died. Also I was willed my mothers personal possessions that I did not receive they. My mother has been died now for over 3 yrs and the executive has not even gone to swear in as the executive. Can I file a suit against him/her?


Asked on 11/03/15, 4:59 pm

1 Answer from Attorneys

Beneficiaries to real property inherit subject to the mortgage unless the will provides otherwise. So the executor did not let the property go into foreclosure, you did. If you knew the mortgage was not being paid, then you should have worked out a deal with the lender. Did you do that? Probably not.

An executor does not become executor until formally appointed by the court. According to your post the will was never probated and the executor was not appointed. A person named in the will is not obligated to serve. So what steps did you take to become the personal representative?

If the executor actually was appointed and mishandled the administration of the estate, then you can sue him or her. If no one was appointed and the house and possessions were lost, then frankly, its your own damn fault. You knew your mother was deceased and yet you did nothing in the past 3 years. This all seems harsh but the person who you need to blame is you. You sat on your rights. You can't now complain.

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Answered on 11/04/15, 9:45 pm


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