Legal Question in Wills and Trusts in Georgia

Grandfather's Trust

Grandmother has requested Grandfathers Trustee be changed to one of my Aunts. I as a grandchild have been served with an ''Acknowledgement and Concent'' paper to sign, saying I agree. However, I do not. I feel that Aunt would have too much control over estate. (grandmother has been diagnosed with Alzheimers, and is currently living in a nursing home, and we fear my Aunt can get grandmother to sign over anything to her)

I am a grandchild, not a child listed in the will. As a grandchild, and having no mention of me in the will, do I have to sign this form? Isn't this between my mother and her 3 sisters whose names appear in the will and are the benieficiaries? Also if I refuse to sign, what can be done to me? The Lawyer has sent a letter stating ''If you do not intend to sign the Acknowledgement, please let us know so that we can have you served through other means''

Is this a scare tactic? What other legal means are there???


Asked on 1/23/07, 12:34 pm

3 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Grandfather's Trust

You never have to sign anything you don't want to sign. You should contact an attorney to advise you on this. The attorney's phrase does sound like a scare tactic - or maybe he or she is not very diplomatic. If you are not comfortable with your aunt serving as trustee, maybe you or some other trusted family member can be appointed as co-trustee. Keep the lines of communication open if you can and stay involved to protect your interest.

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Answered on 1/24/07, 9:15 am
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: Grandfather's Trust

Trusts are typically separate from wills. It sounds like you may want to consider employing an attorney for a consultation to determine the best course of action for you to take.

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Answered on 1/23/07, 12:49 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Grandfather's Trust

I am sure you (and every other family member) can pay lawyers an hourly fee for individual advice on what to do, but are you going to try to contest this in court? You don't have to consent, and if you are served with something as a potential heir, it is likely because the proposed action simply requires service - not a "scare tactic." Before paying a lawyer, try to encourage that it be resolved within the family - if there is anything to resolve. One person's mere preference is not going to overcome the decision by one with authority to make such a decision.

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Answered on 1/23/07, 2:08 pm


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