Legal Question in Wills and Trusts in Georgia

Hello. My name is Lamar. My mother, Joyce, is the executor of her late grandmother's estate, namely the house. Her grandmother left a will stating that if the house sells for $78K, each of the 12 heirs should receive DIFFERENT amounts as specified in the will.

However the house is selling for much less than $78K, more like $10K. My question is, by law would it be ok for my mother to take the proceeds from the sale of the house, and after paying off her grandmother's outstanding debts, distribute whatever sum is left over to the heirs EQUALLY, instead of percentage wise? As this would be much easier to determine, since there is not going to be a substantial amount left over to distribute anyway.


Asked on 1/05/11, 5:54 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Probably not, but the answer would be affected by the language of the will and also by what the heirs think, so a good lawyer is needed.

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Answered on 1/10/11, 6:06 pm


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