Legal Question in Wills and Trusts in Georgia

You didn't ask a question, but if you think something is going wrong with probate, you need to be in a lawyer's office immediately with details. Probate has time deadlines, so every day you wait may affect any case you might have. Do not post details on the internet (including here) as your sister can read your post and possibly identify you by the details and your zip code.

I agree with Attorney Ashman. If you think you are being done wrong (and no attorney here at Law Guru has reviewed the file) then you need to run to a probate attorney who practices in the county/state where the estate is pending.

Before you go to an attorney, a couple of considerations:

(1) when did the parents die? Who died first? Did either have a will? Where did they live at the time of their death? Who besides you and your sister stands to inherit? What assets did your parents own and how were they titled? Wills and probate only concerns probate assets. Things that are non-probate assets can be jointly titled land which passes to a surviving person, joint bank accounts passing to a survivor or beneficiary designated assets like life insurance, pensions, IRAs, annuities or payable on death designations.

(2) What is the value of the probate assets?

(3) If your parents had a will, who was the beneficiary? If there was no will, then you and your sister would inherit equally along with other siblings.

(4) When was the estates probated? Has the will just been submitted or are we further along in the process? Has an inventory been filed An accounting? Is the estate still open? Does your sister have an attorney for the estate and who is it? To get the answers, estate files are public records meaning anyone can pull the file. If you are in the state where the estate is probated go to the courthouse and copy the file. If you are not, either find someone who can get it for you (friend or relative) or get a probate attorney to pull the file for you.

(5) Take the file to the probate attorney and pay him to review it. Have things (inventories and accountings) been filed properly? Notice to creditors given? Why do you think the executor is doing you wrong? Have the attorney look for evidence of abuse of the executor's duty.

If things are indeed amiss, then you can hire the attorney to file a petition to remove your sister as personal representative for the estates. Litigation is not cheap so this should not be undertaken lightly. There have to be sufficient assets to make any litigation worthwhile. If things do not rise to the level of removal, then perhaps a simple letter to your sister by the attorney or to the estate attorney, if any, will do the trick because then she will know that you are watching. If she is disposing of assets improperly, then you will need to get a court order immediately prohibiting her from doing this. Good luck.