Legal Question in Wills and Trusts in Georgia

My father passed away over the summer. He left no will nor any insurance monies to cover any costs. He owned two old vehicles and lived in a home that is still legally in his sisters name. I have 1 sister and 1 half sister. Neither of them were here to help me during the last few years of his life when his health was declining. The 1 (full biological) sister (has lived in Arizona, a California penitentiary and now Colorado), who didn't see or communicate with our father for over 20 years, popped back into our lives for 2 years and has been all but non communicable for the last additional 10 years is now threatening me with filing some type of documentation that would force me to sell any assets and give her what she feels is her share. She wants one of the old vehicles that I did not give her and says she can force me to sell his home. What she doesn't know is, the home wasn't and isn't legally his home. Should I be concerned with her threats?


Asked on 1/27/16, 7:00 am

1 Answer from Attorneys

It does not matter that your sister and half-sister did not help you. So if you are thinking that you somehow deserve more because of the happy fact that you were around you need to disabuse yourself of this idea. If the fact that your sisters were not around for 20 years did not bother your father enough to make a will and disinherit them then its not your concern. He did not so the sisters are entitled to an equal share of the estate.

An estate will need to be probated for your father unless you petition the court that no administration is necessary. If he only had the cars, then there is a small estate procedure, but again, you petition the court. You will then have the authority to sell the cars, pay for any funeral expenses, other debts and executor's commission. If there is anything left, then it will be your job to distribute it equally among your father's biological or adopted children.

If your father did not own the home then obviously the sister cannot force you to sell it. Probate is only for your father's assets, not someone else's.

In answer to your question, I would take the proper steps to insure that matters are handled by petitioning the probate court. If you do it right, you will sell the cars and pay the funeral and not have very much left over to distribute. If you do nothing and continue to irritate the sister, then she can get an attorney and beat you to the punch and petition the court. You will then be in the position of having to account for whatever you have done. Its better to be on offense rather than defense.

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Answered on 1/29/16, 1:04 am


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