Legal Question in Wills and Trusts in Georgia
my mother past away 2 years ago. Her will says everything is to be sold and divided amongst her 4 children. Her estate includes house, several acres, and more. My younger sister was executer of estate. She has made no affert to sell or disburse anything. We are still paying taxes, power bill, etc. Is there a time limit on such a thing?
2 Answers from Attorneys
Two years is likely way too long absent unforseen difficulties. On Monday call a lawyer with details and discuss whether you should try to have her replaced.
I don't know why you are paying taxes and utilities. Are you living on the property or was it to be inherited by you?
I would agree with Attorney Ashman that you need to see an attorney, but before you do, you need to get a copy of the estate file. Most estate administrations can be completed in 1-2 years at most. However, just having 2 years go by is not in and of itself proof that your sister has engaged in malfeasance or misfeasance. Has she tried to sell the property? Has she done anything at all? Like notifying any creditors. publishing notice in the newspaper, paying claims? Filed an inventory, accounting or status reports?
The answers to these questions will be found in the estate file. You need to go to the county probate court where the estate is pending and get a copy of the will, probate petition, order granting letters, inventory, accounting and anything else that is relevant and have it reviewed by a probate attorney who practices in the county where the estate is pending.
Once the attorney reviews the file, then the attorney can advise whether your sister has or has not acted (or failed to act) properly. If your sister has an estate attorney the probate lawyer for you can always make inquiry for you. In a worst case scenario, your attorney can file a petition to remove your sister as executrix if she has failed to properly administer the estate.