Legal Question in Wills and Trusts in Georgia

1. NO

2. YES (with some qualifications that require information you omitted)

3. No one has to decide to serve. Whether you should serve is a question that requires a lot of detail you did not post, and requires a detailed consultation with a lawyer.

Insurance proceeds are non-probate assets. That means that insurance proceeds are paid to the beneficiary designated to receive those benefits and the recipient takes those funds free of any claims by creditors. The only exception occurs where a decedent fails to name any beneficiary or where the decedent names his/her estate as beneficiary. In this case, regardless of whether the deceased has a will or not, the proceeds are paid into the estate where the funds are then disbursed as per the will (if there is one) or via the state intestacy laws. However, by having the funds paid into the estate, the funds can now be used to first satisfy the claims of any creditors.

It does not matter whether there was a directive in a will requiring the claims of creditors to be paid. This is the law - before any assets can be distributed to the heirs, the creditors get paid. The only exception is if there are no assets (house, car, land or money of some kind) or where any assets are exhausted by the family/spousal allowance. If there is enopugh money, the creditors get paid in full and the heirs get what is left. If there is not enough money, the claims of creeditors are paid in order of priority as per state law. Once all funds are exhausted, then that is it as there is nothing to be distributed. If distribution is improperly made to the heirs and their are appreciable assets, then the creditors can go after the heirs. By appreciable assets, I mean a house, car, land or money or some other type of valuable item. I don't mean a family picture or things which possess mainly sentimental rather than actual value.

You do not inherit the burden of serving as the personal representative for your grandmother's estate. If your mother was the personal representative and could not fulfill her duties because of illness, she should have resigned. If she passed away before she could have resigned, then the next person named in the will (if there is one) will take over. If no successor is named or if there is no will, ideally it would be your grandfather or one of your aunts or uncles. If they are either deceased or there is no other relative who lives in the area, then you can take over if you wish. You can also have the clerk appoint a public administrator. My thoughts are that it would be better for you or some other family member to do this rather than a public administrator.