Legal Question in Wills and Trusts in Georgia

Estate/Probate

My Uncle recently passed away after a short bout with cancer. His 86 year old sister had lived in the house for 40 yrs. No will has been found, but she was beneficiary of his insurance and pension. My uncle was not married. At some point in the time (recently) while he was very sick (the cancer was in the brain as well as elsewhere), someone in the close family (I believe my aunt's son) removed close to $200,000.00 from my uncle's bank account and at his death there was not even enough money to pay for his funeral. My uncle had two sisters, the 86 yr. old who lived in his home and another sister who lived elsewhere. I am concerned for my 86 yr. old aunt who lives in the home, she cannot afford an attorney and I'm sick to think her son has duped her and her sister out of what I believe should be theirs (the 200k). The son may have went so far as to get my Uncle to sign a power of attorney (I don't know) but he was not in his right mind at the time. What would be my 86 yr. old aunt's best course of action? Wouldn't the son have broken some criminal law if he did remove the money from the account?


Asked on 4/15/07, 4:55 pm

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Estate/Probate

There will be a paper trail about the missing money. Follow this to see what your next step is. Consult with a local attorney.

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Answered on 4/17/07, 5:57 pm
Robert Thompson J. Robert Thompson Attorney

Re: Estate/Probate

The first step is to get an administrator appointed for your uncle's estate. Unless the two sisters have other candidates, you would be a logical choice. (They would appear to be his heirs, and would have the first right to make that call.)The administrator will have the legal authority to obtain the facts, and then pursue whatever remedies are available. These will vary according to who took the $200K, and how he did it. Without more facts, I can't give any further opinion.

You will need an attorney to do this, and you should consult one immediately.

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Answered on 4/15/07, 8:18 pm


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