Legal Question in Wills and Trusts in Georgia
Father Died & Mother is Incompetent - Both Have Wills
What does children need to do next? Father died 4 yrs. ago, mother suffers from Alzheimer's. Both have wills (they left each other everything) but no other legal action has even been taken. Mother is now in a Personal Care Home and her former home is needing to be sold. Father's will has not been probated. The son that has been left as the executor is diabled and is wanting to add 2 sisters on where 2 out of the 3 have to be in agreement. There are 5 children total involved. Please give any advice you may have on what steps we need to take next. Thank you very much.
2 Answers from Attorneys
Re: Father Died & Mother is Incompetent - Both Have Wills
You need lots of legal advice which cannot be conveyed prudently in this format. Based on the limited information I would not advise selling the home or disposing of any assets until you have talked to an attorney. If you sell the home while she's living then the money may be used to pay nursing home bills and that asset will be lost forever. Off the cuff it sounds like you need to get the first Will probated then have a guardianship set up for your Mother so that you can manage her assets and property. If the son is named Executor and he is disabled and unable to perform his duties then the alternate Executor should take over. If there's an alternate then the family should try to agree on one and try to have the Probate Court appoint them. As stated earlier, there are many decision points that must be made and each one will affect the next decision. If you cannot afford an attorney try Georgia Legal Services and they might be able to help.
Re: Father Died & Mother is Incompetent - Both Have Wills
Here are the steps you need to follow:
1. Find an attorney who works with elder law issues and estates.
2. Follow their advice.
Your problem is too complex to be solved over a free legal advice posting.
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