Legal Question in Wills and Trusts in Georgia

You say you have a lawyer, and he knows your case. No one here knows anything about it. Ask your lawyer.

If you have a lawyer is not ethical for any attorney here to second guess your attorney. He/she knows all the facts. No one here does and it is unfortunate that the attorney has not enlightened you as to the procedure. This does not augur well. I hope that you start taking a more proactive approach and demand some answers of the attorney if you are going to be the personal representative.

Is the probate in common form or solemn form? Is the probate even in GA? Below are the procedures for common and solemn form probate assuming the estate is in GA. Either way, a probate petition is filed. It is a written document. It should set forth all the details and you would have had to sign it. So I don't understand why any oral questions are asked. The form is submitted to the court; anyone can object. Is someone objecting here such that a hearing would be necessary?

I also don't understand by what you mean that you have been "chosen." This is not like American Idol. You are not chosen.

There is either a will or not. If there is a will then you are named in the will. If there is no will or if all of the people named in the will are unwilling/unable to serve, then anyone can be a personal representative. Ideally, it should be someone who lives in the same state where the estate is probated and who is best able to wrap up the decedent's affairs and oversee the orderly transfer of property to the beneficiaries/heirs. It could be that none of the other heirs wanted the job or that you lived closest to your mother so it was agreed that you would serve. In that case the other heirs might have consented to have you administer the estate.

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OCGA � 53-5-17. Procedure for Common Form Probate

(a) A will may be proved in common form upon the testimony of a single subscribing witness and without notice to anyone. If the will is self-proved, compliance with signature requirements for execution is presumed and other requirements for execution are presumed without the testimony of any subscribing witness.

(b) The petition to probate a will in common form shall set forth the same information required in a petition to probate a will in solemn form. The petition shall conclude with a prayer for the issuance of letters testamentary.

OCGA � 53-5-21. Procedure for Solemn Form Probate

(a) A will may be proved in solemn form after due notice, upon the testimony of all the witnesses in life and within the jurisdiction of the court, or by proof of their signatures and that of the testator as provided in Code Section 53-5-23. The testimony of only one witness shall be required to prove the will in solemn form if no caveat is filed. If a will is self-proved, compliance with signature requirements and other requirements of execution is presumed subject to rebuttal without the necessity of the testimony of any witness upon filing the will and affidavit annexed or attached thereto.

(b) The petition to probate a will in solemn form shall set forth the full name, the place of domicile, and the date of death of the testator; the mailing address of the petitioner; the names, ages or majority status, and addresses of the surviving spouse and of all the other heirs, stating their relationship to the testator; and whether, to the knowledge of the petitioner, any other proceedings with respect to the probate of another purported will of the testator are pending in this state and, if so, the names and addresses of the propounders and the names, addresses, and ages or majority status of the beneficiaries under the other purported will. In the event full particulars are lacking, the petition shall state the reasons for any omission. The petition shall conclude with a prayer for issuance of letters testamentary. If all of the heirs acknowledge service of the petition and notice and shall in their acknowledgment assent thereto, and if there are no other proceedings pending in this state with respect to the probate of another purported will of the decedent, the will may be probated and letters thereupon may issue without further delay.

I agree with the prior answers except for one thing, you can obtain a second opinion from other attorneys. It's not unethical for an attorney second guess counsel. Indeed, if attorneys were gagged from giving a second opinion, clients would be at the unending mercy of a bad lawyer he or she was unfortunate to retain.

However, this isn't the forum to obtain a second opinion. Take the time and spend the money to engage in an initial consultation with another local attorney.

In any event, if you cannot trust your current counsel, you should start interviewing other counsel who you feel comfortable asking questions and receiving advice. There are several experienced probate attorneys in the Rome area.