Legal Question in Wills and Trusts in Georgia
Mother died without will and had 1/5 ownership in parents estate
Prior to passing away in '02, my mother and her 4 sisters signed a No Administration Necessary in 1993 in regards to my grandparents home after they'd both died. My mother died without a will or without naming beneficiaries to her share of the home. The 4 remaining sisters are now seeking to sell the home, but 3 of the 4 want to exclude me and my two biological brothers from my mother's portion. I've been told that since we are her biological hiers, we are entitled to her estate, even without a will. In agreement with one of my brothers, I've filed a petition for letter of administrator for her estate and also filed a publication for my oldest brother, since we don't know his whereabouts. Once I'm granted administrator of her estate, am I entitled to say what happens to her share of profits from the sale of the property, thus making it possible for my brothrs and I to claim her share? Is ''administrator of estate'' sufficient to handle this matter?
I have a copy of the deed to the home and my grandfather's name is the only name one it, and have verified that there are no other interested parties or outstanding liens on the home. The entire situation has become an ugly family dispute and I just want to know our legal rights.
2 Answers from Attorneys
Re: Mother died without will and had 1/5 ownership in parents estate
You are in the midst of a very sticky legal situation. The questions you ask can't be answered in a short answer format. However, in short, it does appear that you and your siblings do some rights to the property in question. What estate are you trying to be appointed administrator of--your mothers or your grandmothers? I would recommend that you hire an attorney to help you get through this process.
Re: Mother died without will and had 1/5 ownership in parents estate
I don't understand your question. It is impossible to have a no administration necessary without ALL the heirs, and that must contain the disposition of property. If some relatives did not sign and agree, it's not legal to do it. If one was filed without all the heirs, someone committed perjury. You should see a lawyer, and maybe talk to the DA as well if that happened. This is NOT a do it yourself project. You need a lawyer and should not file anything without one.
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