Legal Question in Wills and Trusts in Georgia
My daughter by my personal directives was given the responsibility of getting my husbands probate started as my emotional caregiving process was in full bloom but I needed to get the will probated and she was only my representative. I included the document signed by her and myself and directed to the probate court process order that she is not to be the execotor but the exectors (me) representative due to my health related issues. My homebound medical condition at that time was due tomy personal breakdown when my husband died. My doctor wrote a generakl letter identifying my medical condition. Nothing stated that my legal affairs or personal affairs were in need of a takeover EVER. He wrote it at my request not the courts and was not directed to anyone it was To whom this may concern . The medication made me sicker and I stopped taking it . The probate court assigned my daughter as executor and gave my sister Guardian at litem and my sister wrote a statement that stated at that time my depression has overwhelmed me and that she believed that I was not able to carry out the estate probate of Solemn form.My sister and my bdaughter all are on my team and we keep it 1000. The courts just did as they wanted to. How do I address this I provided my in person visdit to this mess up on 2 occassions and I was told I neeed an attorney to get this reversed. Ist of all this was never sopose vto be. My sister never said she wanted to my guardian and this my husbands probate and not my personal needs. Im at a jaw dropping spin right now please make heads or tails of this State being Georgia
1 Answer from Attorneys
No lawyer has seen whatever kind of home-made document you and your daughter signed so I cannot comment on its validity or lack thereof. There is no such document out there for what you did. There is a document called a power of attorney which can be limited or general in scope and which is the only document which allows another person to act on your behalf. It allows the agent to hire people, like lawyers or cp's, to advise you. But it does not allow some other person to act as your lawyer and represent you in court.
Now you have made a complete legal mess here because the court obviously interpreted this as a finding that you are incompetent. To challenge the appointment of a guardian you will need a lawyer to get the guardianship dismissed. An elder care lawyer or one who handles guardianships for adults. The second issue involves the probate of your husband's estate. I don't know why you need to disturb this. Being an executor of an estate is a big job. It does not matter who does it as long as the estate is administered competently. You do not lose any rights to inherit if your daughter is the executor. You do need to see a probate lawyer to make sure your rights are protected though. A spouse is entitled to a year's allowance but this must be requested timely or else its waived. So you need a probate attorney who is looking out for your interests not the estate's.
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