Legal Question in Wills and Trusts in Georgia

I'm legal court sworn executor for my mother's estate, however, my sister refuses to forward estate money so it can be put in estate account and she has made distribution to 4 siblings. Do I need to go before a probate judge to get funds or file legal action--it has been 1 1/2 year and can't finalize estate


Asked on 11/05/15, 8:14 am

1 Answer from Attorneys

You need a lawyer. If you are the appointed executor and a beneficiary will not turn over assets, you can compel her to do so. I do not understand why she would be in control of estate money. What is the source of this money? Are you sure its an estate asset? Things like a joint bank account in her name and the name of your mother would be her money and in that case she would not have to turn it over. That is why you need to get a consult with a probate attorney who practices in the county where the estate is pending. The attorney needs to see what this is and can then better decide if this is truly an estate asset which can be reclaimed into the estate. The only other way to do it is that you can make a family settlement agreement if the other beneficiaries agree that if your sister is a beneficiary and will not release the funds then the amount she keeps will be deducted from her share of the estate. But I don't know what other claims/assets there are in the estate to know if this is even feasible.

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Answered on 11/05/15, 7:36 pm


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