Legal Question in Wills and Trusts in Georgia

Forced to divide hier property

My father, who owned a farm, died in 1959 and left no will. My mother was then appointed administrator. She did not divide the property, but managed the farm to support the family and later herself until her death in 1999. She left no written will. My sister who helped my mother in the administration was herself appointed administrator of the estate October 2002.

There are six equal shares in the property, the five remaining childern of the six and the deceased brother's two children jointly owning his share. Another brother has become incapacitated by several strokes, his wife having some kind of power of attorney ''over'' him, requested that her husbands share of the property be paid out. This is assumed to be her desire, not his, as this is her nature. Being under her total care and not being able to speak well nor freely, it is difficult to determine whether this is the brother's actual desire. The kind of power-of-attorney that she has is not known, but what kind must she have in order to force his payout? And what does she have to prove, if anything? If she is successful, who takes care of the expenses of appraisal, survey, attorney fees, etc. that are required to determine and pay his share.

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