Legal Question in Wills and Trusts in Georgia

You have a lawyer to answer your questions.

First of all, you are not the executor. Your aunt is. Her attorney could be disbarred for advising you, so of course he cannot answer you. He is NOT your lawyer.

Note that 13 days after death is far too soon for much to happen, especially if some heirs have failed to sign the needed paperwork.

If you think all is going okay, sit back and relax. If you disagree with what is happening seek your own counsel.

As to the bank accounts, the bank doesn't know if no one has told the bank. Have you given a death certificate to the bank?

You ask a bunch of questions and do not make sense. First, it is unethical for other lawyers to intervene since you already say that you have an attorney. If what you mean is that the estate has an attorney, then you do not have an attorney. The estate of your mother is the client, not you. That said, some lawyers may answer your questions and some may not, depending on the question and whether it constitutes legal advice. To reduce estate expense, don't pester the estate lawyer for answers to your questions. Ask your aunt and she can get the informnation if it is really necessary.

Second, you say that you and your brother "consented" to your aunt being the executor per your mother's will. Either the will said so or it did not. You cannot consent if the person was named in the will and they are going to be executor unless they are disqualified for some other reason.

Thirdly, your mother just died for heaven's sake. Probate of an estate should not happen before 30 days after the death.

With regard to your mother's bank account, this is up to the executor and/or the estate attorney to notify the bank that your mother is deceased. Upon such notification, the bank will indeed freeze the account and release the estate funds to the executor.

However, land usually passes to the heirs subject to the mortgage, so the heirs need to contact the mortgage lender (you will have to provide them with a death certificate as well) and get added to the mortgage and make arrangements to pay the mortgage unless the will says something different. I also do not know what other claims exist or whether the property will have to be sold. In the latter case, the executor needs to be involved in all of this. Same for the car. With the car though, I don't know how much is left on it or what its worth. If it is still being financed, it might make sense to give it back if your mother is upside down. If not, then it may have to be sold, depending on if there are any claims, or given to the heirs, subject to the existing note.

Which brings us back to the estate attorney and your aunt. Your aunt needs to have the attorney review the will, debts and assets and ask the questions about the car and mortgage and it may be necessary for you and your brother to also be involved. At the very least, someone should let the bank know of your mother's death and someone should contact the mortgage and car lenders and stop the auto-drafts.

If your aunt is not being cooperative, then you may also want to get and pay for your own lawyer to answer these questions and make sure that all is being done properly.