Legal Question in Wills and Trusts in Georgia
My uncle named 3 beneficiaries and 3 heirs in his will. One of the heirs is the Executor. My uncle passed away in nearly 2 years ago. His medical bills, funeral expenses and any other outstanding obligations have been paid and his home has been sold. These were the only stipulations that had to take place before any disbursement of his will could be made. All of these things were taken care of before October 2011. One of the heirs (a cousin) called me and told me that the attorney for the estate would not speak with her and told her to contact the Executor, which did not speak to her either, hence, her reason for phoning me. She had MANY questions concerning the will and I answered her questions the best I could. She told me that several dates had been set up to meet with the Executor to distribute the will, but something always came up and the meetings never happened. The last meeting was scheduled for January, I found out this information through a very nasty letter from the attorney for the estate, in which he said that I had caused confusion and doubt about the will by answering questions for my cousin. He also said that I had "targeted" him and the Executer with defamation. I only answered questions for my cousin. Anyway, I received another nasty letter from the attorney two weeks ago, informing me that disbursements could not be made in January 2012, because the Government has now gotten involved and it may take another year before any thing could be paid from the will. I believe the attorney is lieing about the government involvement, this came up within 9 days of two of his letters being mailed to me. However, the Executor could go ahead and pay me and my two sisters (beneficiaries) since we have specific bequests in the will. His letter continued to read, however, due to my involvement, by answering questions, the Executor would have to get the OK to pay us, from the other two heirs (my cousins). Does the Executor need an OK from anyone to pay us? Can this attorney continue to write me nasty letters? Can he accuse me of things I haven't done? Can he twist my answers to my cousin's questions to be defamation?
2 Answers from Attorneys
You posted this same question before and received multiple answers. I'd suggest re-reading them. (And, by now you should have hired counsel).
You have posted basically the same question as before. You are abusing the process by trying to get free advice. And it is impossible for any lawyer to assist you without looking at the information.
You were told to hire a lawyer and pay him/her to review your matter. That is what you need to do instead of trying to get specific legal advice here on a public message board.
And if there is a problem. the executor can be held personally liable for making an improper disbursement under the will. However, an executor often may make a preliminary disbursement of specific property provided that there is minimal risk to doing so and there are enough other assets in the estate to satisfy any extra taxes owed, for example.
Tax authorities like the IRS are very slow in giving approval and it is plausible that notice of a problem was just received. However, without looking at the file, I can't say. Nor do I know about the putative defamation claim as I don't know what was said.
Stop wasting time and get to local counsel.
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