Legal Question in Wills and Trusts in Georgia

my older sister is in charge of my parents estates and she told me she could do anything she wanted to do with it. she also has looked at the will. this was done at her law firm where she works. is this true


Asked on 3/23/12, 2:20 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Of course it's not true. If you feel she is mishandling an estate to your detriment, you need to hire a lawyer.

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Answered on 3/23/12, 3:02 pm

The executor cannot do "anything" they want. The executor has to do what the will says. The problem is that wills can be drafted in such a way as to give the executor a lot of authority.

The executor's job, in a nutshell, is to oversee the orderly winding up of the dead person's affairs and transfer of their property to the beneficiaries. In other words, the executor has to figure out what the decedent owned, what they owed, pay the just debts and then give what is left to the beneficiaries in accordance with the will. If the executor does whatever the will says and handles the estate properly, then there is not much you can do because the executor would be carrying out their duties properly. However, if they are not following the will and are doing whatever they want, then the executor can be removed from office.

So read the will. If the executor will not share a copy with you then, when the will is probated, go to the courthouse and make a copy and see what it says. If the executor will not file the will, then file a petition to compel her to produce the will.

If you do not understand the will, go to a probate lawyer in the county/state where the estate is pending or where the decedent lived just prior to death. Pay the lawyer to advise you of your rights. It will help if you make a copy of the court file and any will that is probated.

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Answered on 3/23/12, 9:14 pm


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