Legal Question in Wills and Trusts in Georgia

I am the executor of my Mother's will

My mother died 12/29/04 in Cumming, GA. She was living with my sister. How do I find out about mom's checking and savings account information? I have mom's handwritten will stating her final wishes with regards to monies and where she is to be buried. My sister is not cooperating with me. What are my legal rights and how do I make sure my mom's wishes are met?


Asked on 1/06/05, 5:10 pm

4 Answers from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: I am the executor of my Mother's will

You should consult with a local attorney who can fully explain the process to you, but, in a nutshell, you should file a petition to probate the will. Once you are offically appointed executor, you can inquire of the local banks about accounts.

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Answered on 1/07/05, 10:49 am
Christopher Ballar Christopher A. Ballar PC

Re: I am the executor of my Mother's will

The nominated executor should probate the will in the probate court where your mother was a resident. If the hand written will is properly proved then the executor will be granted Letters Testamentary. The Letters can be used to gain access to information at the bank. If the accounts were owned jointly with another, such as your sister, they may not pass under the will. You need loacal council to advise you of your specific right as a beneficiary.

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Answered on 1/07/05, 1:03 pm
Mona Montgomery Mona Montgomery, Attorney at law

Re: I am the executor of my Mother's will

First, file the will in a petition for probate. You will need a lawyer to do this. You will be issued Letters Testamentary which you can use to get information from the local banks.

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Answered on 1/06/05, 5:38 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: I am the executor of my Mother's will

You need to have the will probated by the probate court of the county in which your mother lived. You should then have authority to retrieve account information.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 1/06/05, 5:44 pm


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