Legal Question in Wills and Trusts in Georgia

Mothers Assets

My Mother just passed away and so far no Will has been discovered. Two of my five sisters feel that the seven children should only receive 70%(divided equally) and the five grandchildren dividing the remaining 30%.

I don't think that is a fair division since 3 out of 7 children have no kids. Her grandchildren, love them as I may, never did a thing to help my Mom.

My Mom showed me a Will 6 months

back stating all assets were to be divided equally amongst her 7 children. I told all my sisters and brother what I read and that's how it should be done even though her Will has not surfaced.

I feel the dividing amongst the 7 is the fairest and the girls with kids should give whatever they feel from their part to their kids.

I have been reading up on this situation and am still a little confused as to how Moms assets should be divided under Georgia law. In other words, shouldn't Moms assets go to her children?

How should this be handled without too much family feuding?


Asked on 10/10/07, 12:59 pm

2 Answers from Attorneys
Robert Thompson J. Robert Thompson Attorney

Re: Mothers Assets

I can't improve on Mr. Holcombe's answer.

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Answered on 10/17/07, 12:00 pm
Harold Holcombe Harold D. Holcombe, P.C.

Re: Mothers Assets

You can't change the distribution of your Mom's assets unless everyone agrees. If there's no will, then an administration must be filed and someone appointed as administrator. The property will be divided according to the laws of descent and distribution of the state of georgia; therefore, the property will be divided in accordance with that schedule. If there are only children, then the property will be divided among the children equally, after all the debts are paid. There shouldn't be a family feud. The administrator has to divide it in accordance with the law. If you can find the attorney who drew up the will, you might be able to find a copy and probate the copy. In any event, I would advise you to find an attorney to help you through this legal process.

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Answered on 10/10/07, 3:05 pm


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