Legal Question in Wills and Trusts in Georgia
My father died last month, and my sister was made executer of his will. His estate was to be split evenly between her, my brother, and I. My sister decided after he passed that she would take everything from his bank account ($40,000) as well as all the cash in his home. She also took most of the furniture.
My brother and I wanted to take our thirds of his 20 acres of farm land. My sister attempted to buy us out at $1500/acre, while the tax appraised value is about $5000/acre. When we rejected this, she told us that she was going to sell all of the land to her daughter's father-in-law and then buy it all back so that she can sell it or rent it out (there is a house and a few barns on the property). Is this legal? I know that my parents would have NEVER let this happen if they were alive.
3 Answers from Attorneys
None of us have read any of the paperwork, but I can say that unless you quickly hire a lawyer all of this will be moot.
I agree with Attorney Ashman. You quickly need a probate litigation lawyer. Regarding the bank account, was it in your father's name solely or was there another person on the account? Usually, if another person is named, he or she inherits the funds at death. Cash from the home should go into the estate account and be used to pay he bills. The furnishings should be inventoried then equally divided.
Does your sister have a lawyer for the estate? My guess is no, or she would not be doing these things, If she is improperly taking assets, then you need to ask the clerk to remove her as the executor.
Regarding the land, you may need a real estate litigation attorney to bring what is called a partition action. Don't go by tax appraisals - they are usually low, but with the economy, the land may be over-valued. You need an appraisal from a realtor or appraiser. You will need one anyway for estate purposes. Don't get anyone! The court may require you to use an appraisal from a business in that particular county. Find out before you order one. Anyway, if you do not accept the price offered, your remedy is to bring a partition action in which the court will order the land to be sold and the money divided among the heirs.
The first thing is to hire an attorney to open a case in probate court. With the problems that have occured,this may be the only solution to your problem. The money your sister took should be returned to the estate. Thereafter, the estate should be divided in accordance with the will. Once the probate court resolves the matter, you may need to hire a real estate attorney to assist you in the transfer.
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