Legal Question in Wills and Trusts in Georgia

My grandmother died last month and she has 6 children one of her daughters lived with her and is trying to become the administrator or power of attorney and is trying to stayin her house but the rest of the children do not want her to be and she ill not let any of my grandmothers other children come in the house and get what my grandmother promissed them but she is letting her own children come in and take what they want. What can the rest of my grandmothers children do so that the daughter that lived with her does not get power of attorney and can not live in the house and so that the rest of my grandmothers children can get there things and pay for the funeral. I was talking to someone and the mentioned going to probate court and getting someone not related appointed by the court to be power af attorney or the administrator so they could get there things and have the house sold. What should there next steps be? should they take this to probate court and what would happen if they went to probate court?


Asked on 1/25/13, 3:06 pm

1 Answer from Attorneys
Rachel Hunter

Power of attorney is only for people who are living. It ends at death. When a person dies, they either had a will or they did not. If they had a will, it should name an executor. If the person died without a will. then anyone can seek to open an estate and become the administrator. However, preference would be given to your grandmother's children if they are otherwise qualified. If one of the other siblings objects then that objection has to be made known to the probate court who will then decide. Where are public administrators, I suggest that you not rely on one.

This aunt is already behaving badly. You or the other aunts and uncles need to get an attorney involved now to put a stop to the dissipation of assets by the aunt who lived in the home.

The other children of your grandmother need to get together and hire one lawyer to file a probate petition (they should decide who among them would be best able to serve as administrator) or, if one is already filed, to object to the appointment of the aunt. Your aunts/uncles will need a probate attorney who practices in the county/state where your grandmother lived at the time of her death or where her real property is located.

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Answered on 1/25/13, 4:07 pm


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