Legal Question in Wills and Trusts in Georgia
My father just passed and he resided in GA. There are four heirs- who have just only known eachother for just about a month now. My half sister hired a lawyer in GA to handle his estate. She has asked that we make her the administrator, but we are hesitant to sign the papers , as we don't understand what other powers we are granting her. My question is: In the state of GA, when there is no will , who decides what each heir recieves? The administrator or the probate court? Thanks so much.
2 Answers from Attorneys
The division is 1/4. However, the administrator is granted some discretion, which of course should concern you. Therefore, you can object to her appointment and request the court appoint a nonbeneficary administrator.
In Georgia, the administrator has to administer the estate according to the intestacy statutes. The intestate law directs that all of the beneficiaries (usually the spouse and the children) share, depending on the number of children. If there is no spouse, then the children of your father take in equal shares. In your case, if your father was not married, then the share of each child of your father would equal 1/4th. However, administrators are entitled to a commission, so if you agreed and your half-sister was the administrator, she would get a greater share.
The duty of the administrator is to pay the bills and distribute what is left to the beneficiaries. However, decisions still have to be made regarding your father's personal possessions and If you think there are going to be problems, then you should object and request that a county administrator be appointed. If you believe that problems are unlikely and that your half-sister will administer the estate responsbily, then it is ok for you to sign. Know that this is not set in stone. If your half-sister does not do her job properly, you can always ask for her removal.