Legal Question in Wills and Trusts in Georgia

My dad is alive and in a nsg. Home and my sister is his guardian as of last year. She sold his house and now is deciding who gets what among 4 siblings. How can I stop her and get a mediator to equally disperse my parents belongings. Resides in ga.


Asked on 12/06/16, 4:12 am

1 Answer from Attorneys

Why is the sister disbursing anything if the father is alive? This makes no sense. If your sister is guardian, the guardian just makes health care decisions. Is she also conservator of his estate? If so, that would enable her to sell the home. But the money from the sale of the home has to be used for his benefit. Guardians/conservators can be removed if they are not acting properly. And you don't get a mediator. You have to go to court to get her removed. And why does everything have to be disbursed equally? There should be no disbursement to anyone of a nything until the man is dead unless he chooses to make a gift to someone. You do not relate if he is of sound mind to do this. My guess is no if a conservator/guardian was appointed. One the man is dead, then his estate can be distributed as per his will, if any, once all claims are paid. If there is no will, then the net estate is distributed to all the children equally.

Since you don't know what is going on, you should consult an elder care lawyer who practices in t he county./state where the guardianship/conservatorship was granted. You need to pay the lawyer to review the file and what has been done. Has your sister filed proper accountings? If not why not? Is she doing w hat is proper or abusing her powers? Can she be removed and what will that cost? These are the kinds of questions you need to ask an attorney.

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Answered on 12/06/16, 9:51 am


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