Legal Question in Wills and Trusts in Georgia

Probably. As I am sure the lawyer you consulted with six years ago told you, bills and taxes of the estate come ahead of the heirs.

I agree with Attorney Ashman. Before the heirs can receive anything the debts of the estate must be paid and if there is enough assets in the estate then the assets can be used to pay the debts. If there are illiquid assets, like a home, then it has to be sold OR the heirs can pitch in enough money to pay the debts.

But I have a lot of questions here. Where did your father live at the time of his death? Georgia? As your father had a will, what did the will say? And it does not take 6 years to probate an estate. Why haven't these bills paid? Was notice given? Were claims filed?

You need to find out where things stand with your brother. If the funeral bill or other debts need to be paid, then the heirs should find a way to pay these - either the property can be sold and perhaps you can be reimbursed out of the equity or perhaps the home can be mortgaged or refinanced and money cashed out of the equity in an amount needed to pay the claim.

And the ability of the executor to pay claims and sell property has nothing to do with funeral expenses or you being consulted. That point is moot. Funeral expenses are a debt of the estate and as I indicated, estate debts are paid out of the estate assets, including the sale of the home if needed.

Your brother, as executor, also needs to see what your uncle did. It is obvious that the estate was mismanaged. Your brother needs to see if it would be financially worthwhile to pursue your uncle for any loss to the estate. And your brother needs to hire a lawyer who practices in the county where the estate is pending to get this wrapped up.