Legal Question in Wills and Trusts in Georgia

If you had gotten a lawyer at the beginning (and it is necessary) you'd already know that years support comes ahead of inheritance. You'd also know that you are NOT the executor, as executors exist only where there is a will. Since you don't even know what title (if any) you may have, you need to get counsel immediately.

The spouse of a person who dies without a will in Georgia is not entitled to all the property. Generally the law states that the property should be split amoung the children and the surviving spouse. She is entitled to a year's support.

I am confused by your use of the term executor which is used when a person appoints someone to be in charge of their estate in a will and intestate which is dying without a will. That difference could impact your case.

This is general information and not intended to be specific legal advice or establish an attorney-cleint relationship. The facts of individual cases determine how a particular case might play out in a court. If you have a pending legal matter, you need to consult an attorney directly.

I am confused by your inconsistent infromation. Either there is a will or there is not. Only a will can name an executor or co-executors. And the will does not appoint executors. The will must first be probated and the court appoints you. If there is no will, the court appoints an administrator. Usually the preference is for the surviving spouse. Was this done here? Were you appointed by the court?

I do not understand why this woman would not cooperate. The administrator or executor has duties imposed by law. She can be forced to cooperate so the administrator/executor can fulfill these duties. The administrator/executor has to give notice in the newspaper so that anyone with any claims can come forward. The administrator/executor has to take an inventory of the assets.

The surviving spoues is entitled to a claim of yearly support. This claim has prioirty over all other claims. I do not understand why things have been sold before the inventory was done and the extent of the claims are known.

I do not know what assets the estate had, when the death of your father occurred or where things stand with his estate. I suggest that you immediately consult a probate attorney in the county where your father lived at the time of his death because the estate has been or will be probated there. If no one has been appointed as administrator/executor, then I suggest that you seek to have a county administrator appointed as it is evident that none of you get along and the county administrator will see to it that the estate is properly distributed.