Legal Question in Wills and Trusts in Georgia

When did your grandfather die? Was an estate probated for him and is your aunt executor? What probate assets did your grandfather own at the time of his death? Did your grandfather have a wife who was living or was he widowed/divorced/single?

The fact that your aunt has no job or income is not relevant. That does not mean she is abusing her powers as personal representative if there is an estate.

Who is "them" that you do not want to "lose everything?" "They" may have no rights to inherit anything and if there are no probate assets then nothing can be lost.

An estate is whatever a person owned at the time of their death - it can be land or anything else (clothes, jewelry, bank accounts, stocks etc.). But not all assets are probate assets - things like IRAs/life insurance/joint bank accounts or jointly held land are all examples of non-probate assets. These things pass either to the named beneficiary or the other joint account holder.

You indicate your grandfather had no life insurance. Even if he did, that would pass to the named beneficiary and that person is free to use the money however they wish. It does not have to be used for estate expenses.

Second, heirs cannot inherit anything unless and until all valid debts against the probate estate are paid. If there are no probate assets, then the debts will not be paid. No-probate assets would not be subject to creditor's claims.

Since you do not explain what is going on here, you need to consult a probate attorney who practices in the county/state where your grandfather lived prior to his death. To help the attorney, you need to make a list of all assets - whether probate or non-probate - held by your grandfather. You also need to make a list of any relatives - any wife and children of your grandparents.

Your father is alive so you are not entitled to inherit anything. Because your grandfather had no will, his property would pass to his spouse (if any) and children (your father and aunt and any other aunts/uncles).

Depending on what your grandfather owned and how it was titled, an estate may or may not need probated.

I don't understand your comments about "notes at the bank." Does this mean your grandfather owed money? Or that he had bank accounts/certificates of deposit? If money was owed, to whom? For what? Is it a mortgage on land? Or a car loan? How much is owed? Who is the beneficiary of the asset? The mortgage is the beneficiary's responsibility. Example - your grandfather owned land encumbered by a mortgage. The heirs (your father and aunt) inherit the land subject to the mortgage. They need to keep paying the mortgage if they want to keep the land or they need to sell the land and pay off the mortgage. Same for a car note.

If there are bank accounts, were those payable on death accounts or jointly held accounts? If so, the money goes to the designee or the surviving joint account holder. If that happens, the beneficiary of the money can do what they want with it. The beneficiary is not obligated to pay mortgage or other debts.

If there are probate assets and your aunt has not probated an estate, then you need to ask the attorney about probating an estate and being appointed as the personal representative to ensure that the estate is administered correctly. If your aunt is wrongfully controlling money then she can be compelled to turn it over to you as the personal representative.