Legal Question in Wills and Trusts in Georgia
My father passed away (in Florida) and one of my sisters is the executor, there are 6 kids. There is a lot of fighting going on with my siblings about my father's belongings in his house. The sisters want to liquidate everything and the sons want certain things to keep of our fathers. My question is: My sister, the executor of the will, said if we do not agree upon items of significant value that the attorney has the authority to liquidate the assets and distribute them equally. I just want to know if this is true. Thanks
1 Answer from Attorneys
You need to re-;post and direct your question to a FL probate attorney if your father lived in FL at the time of his death.
Generally, the starting point is the will. What does it say or not say? Next, what does the law say as to whether the executor has the power to sell? Is it necessary? Can a private sale be held at which the heirs can "bid" on the assets and have them assigned to them as part of their share? If the heirs cannot agree on the division, then the executor has the final say so but this is a matter of state law and I am not admitted in FL and have no idea what FL says in this regard.
If you are one of the heirs then you need to hire your own probate attorney who practices in the county where your father's estate is pending. Pay the attorney to review the will and advise on FL law.
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