Legal Question in Wills and Trusts in Georgia

filing to be administrator

Mom died 9/19. Sis proved, when daddy died, & other times since, that she is motivated ONLY by MONEY. Mom claims I am the executor of her will, etc. sis claims HER copy of moms' will doesn't mention MY name. I AM TOTALLY STUNNED. MAYBE she DOES ...Mom, 90 yrs old, may have a new will, for whatever reason..But, I will NEVER believe she ''cut me out'' intentionally. I live 1000 miles away, sis lives a block away . I know there are insurance policies, annuities, CD's and a bank account with nearly a 12,000 balance.

SO:

1. Must I have an attorney to file for ADMINISTRATOR?

2.If my name is nowhere in my mothers' will, Am I entitled to what I feel, and have proof that, she ''meant'' for me to have vs. what her current ''will'' claims?

3. I have a tape of my mother stating her wishes, as well as pictures she sent me of certain things she intended for me to have after she could no longer use them. Does THAT even matter? Does whatever ''will'' my ''sister'' may have supercede any recorded statement?

I refuse to stand by THIS TIME and watch as my ''sister'' uses the death of my father, as well as now, my mother, to catch up bills she has created by her ''extragavant'' lifestyle. What can I legally do?? ANYONE? PLEASE????


Asked on 11/09/03, 7:35 am

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: filing to be administrator

Your fact situation is too complicated to propertly answer in this type of forum. You should contact an attorney in the county where your mother lived when she died. After reviewing all the relevant documents, it may be possible that you have a claim.

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Answered on 11/10/03, 8:50 am
Harold Holcombe Harold D. Holcombe, P.C.

Re: filing to be administrator

You're fact situation requires some legal expertise. You talk about two different Wills, then mention being appointed an administrator (who is usually appointed in the absence of a Will). Generally, the last valid Will governs, but which is the last valid Will? That may be a complicated legal question determined by a legal fact finder. Consider retaining an attorney in the local jurisdiction to help.

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Answered on 11/10/03, 2:37 pm


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