Legal Question in Wills and Trusts in Georgia
I am the eldest daughter of the estate. I have a concern about my father's estate. He passed away march 31,2009. Both of my aunt's are executors of the estate. Some of things that were supposed to taken care of has not been. For instance, my nephews were supposed to receive 4,000.00 for their care and the antiques in the house sold as trust fund for them. I feel neither was done. Let me explain situation in detail. My sister was not in the best state of mind when my father passed so my nephews ended up in foster care and my sister lost parental rights to children. they are now adopted legally not hers but my father will specifies these things for them. at first my cousin had my nephews in temporary custody. She got control of the money through my aunt(executor) to take care of them but didn't always use money for them. She used money for car payments and utility bills. I was aware that my cousin bought twin beds for them and some extra things like clothes but that was it. Things is she was not supposed to use 4000.00 for anything like utility bills or car payments the will specifies this. Also thier trust for antiques sold was not set up either. Also the antiques that was supposed to sold has not been. I've asked my aunt about this and she tells me she can't sell it or its not worth anything. I think she is lying to me personally. I know of many antique dealers whom buy estates. The antiques are currently in storage. She is planning to sell the antiques and everything else in his estate without fulfilling the wishes of my father. she plans to get money for herself and I've been paying on the main storage unit the antiques are in. She won't give me the key either. She says it because she don't trust my sister but I am wondering if she is trying to keep it for herself. She has talked about putting the stuff in another place so we don't have to pay storage. From what I learned, that's not legal to hide the stuff in undisclosed location and not report it to probate court. I am not even sure if the estate was filed in probate court. Its been 3 years and my dad has a very small estate it should have been settled long ago. My aunt has had some health issues but she didn't start having until the estate was about 2 years old. I try to ask her about it and she cuts me off and rather not discuss it with me. She don't want certain people to know about estate that entitled to know like my sister. she left my sister out the proceedings in funeral and everything. i know she also paid for the expenses of renting the u haul truck to load my father's belongings out my my dad's estate money which was left in checking account. she left a quarter of the stuff in the apartment and it had to disposed of by the rental place. theirs so much things she did wrong with the estate its to numerous to mention..also my father also had numerous credit card bills show up the first year of estate. its funny how the executor is supposed to handle those. They are in my name but they were my father's cards. that just perplexes me. Also she wants to close estate since all these creditors are coming after the stuff contained in estate. My father's wishes were not fulfilled so she can't do that. My question is this I am tired of my aunt's management of the estate. what should done about my aunt actions regarding the estate and how should this estate be handled to close it?
Jackie
2 Answers from Attorneys
If it matters to you the next step is very simple. You retain a lawyer to look into the probate and proceed accordingly. Be aware that if there are problems in the probate, the legal fees may be very steep. Be also aware that you have waited way too long, and at some point the right to challenge things will disappear.
Your post is not the forum to discuss this legal problem. You have several issues going on.
(1) if credit cards are in your name, they are your responsibility. the only way around this is to somehow prove that these were your father's debts and this would require you to file a claim with the estate. If your father died in 2009 and the estate was probated and the notice to creditors published, then any claim at this juncture would be untimely.
(2) assuming that you would prevail and show these are debts of the estate, then the debts all have to be paid before there are any trusts set up for anybody including your nephews. Creditors get paid before beneficiaries can inherit and if there are valuable antiques they have to be appraised and sold.
(3) why are you paying for a storage unit for the antiques? this is the job of the executor, not you.
(4) if your nephews were legally adopted, it may have cut off any right of inheritance that they may have have had. It would depend on when the adoption occurred. If rights of inheritance are cut off, they are not entitled to anything but a lawyer would need to review the will and adoption laws to know.
(5) if both aunts are co-executors, why has the other aunt allowed this to go on? you have a lot of issues. The executor can't be using estate funds to pay her personal expenses like car notes or utility bills. Neither can the guardian entrusted to the children. If money was to be set aside for them then it had to be disbursed as per the trust terms.
I would agree with Attorney Ashman. I don't know why you have waited over 3 years, but if this bothers you enough to post, then it must bother you enough to go and get a real consult with a probate attorney. Seek out an attorney in the county/state where the estate for your father is pending or would be pending if nothing was filed. Get a copy of the estate file and any relevant documents in it (the will, letters testamentary, probate petition, notice to creditors, inventory and any accountings). Most estates are wrapped up in 1-2 years. I don't know how your aunt can justify keeping this open. Clerks will not allow estates to be open indefinitely.
If review by the lawyer establishes that your aunts have acted improperly, then they can be removed and an administrator or a back-up executor appointed. However, there may not be very much to probate given that your father had a small estate which appears to have been squandered and there may be outstanding creditor claims to boot.
Good luck.