Legal Question in Wills and Trusts in Georgia

moms savings account

Before my Mom died she told me I was the only beneficiary of her savings account. I do not know how she set this account up. mom passed away March 30, 07...My brother took it upon himself to be the executor my dad had crossed his name off the will as executor right before he passed...anyways do I have to tell anyone that I am the sole beneficiary of my moms savings...my brother has frozen her checking account but I dont know if he has frozen the savings...He also has a Lawyer...Thank you


Asked on 4/18/07, 10:48 am

2 Answers from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: moms savings account

You should immediately consult with an attorney. It doesn't matter what your mother told you; what matters is what she did. Wheter your brother is acting properly or improperly will depend on the wording of the will, the bank records re: the savings account, etc. An attorney will know how to establish the paper trail.

Read more
Answered on 4/18/07, 10:55 am
Robert Thompson J. Robert Thompson Attorney

Re: moms savings account

First, ask the bank--they will know if the account was set up to make you the owner at your mom's death. If it was, you should be able to access it immediately, or at least be able to block access by your mother's personal representative.

Second, you don't state whether your mother had a will or not, but, if you have not consented in writing to your brother acting as "executor", he cannot be acting as either executor (under a will) or as administrator (of an intestate estate). You can challenge his appointment in the probate court; and you should retain a lawyer to do this for you, especially since your brother has a lawyer.

Read more
Answered on 4/18/07, 11:49 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Georgia