Legal Question in Wills and Trusts in Georgia
Power of Administration
My brother passed away on 8/15/04. He left no will. He owns a home however, a female individual lived with him. There are no bills nor is the house in anyone's name but my brother's. The family wishes to restrain over 30k worth of musical equipment and family belongings. He was a musician. Problem here is that my mother who is next of kin has filed a power of administration to begin the eviction process and deal with the business of the estate. This young lady filed a false claim of being his wife which has stalled my mothers claim. How can we get a judge to hear this quickly before this woman disburses and continues to damage the property? We cannot gain access to the home at all to determine whether or not he had life insurance to cover the funeral costs which my parents paid out of pocket. This female individual has resided at that residence with my brother for 5 years. She was divorced from her first husband two years ago. My brother never married and was near having her leave the home because he felt that she did not have his best interest in mind. They slept in separate bedrooms. Money is an issue to try and retain an attorney and we are looking for where to file and what to file for a speedy hearing. Thanks you.
2 Answers from Attorneys
Re: Power of Administration
While I understand that money is an issue, I think you will be making a big mistake by undertaking this without an attorney. You should consult with a local attorney. A contingent (per centage) fee is a possibility. You need someone familiar with the legal system to try ASAP to get a restraining order. If she falsely claimed in court proceedings that she was his wife, she may well have committed perjury and could face criminal charges.
Re: Power of Administration
You have a number of options, but I would not advise undertaking them without an attorney due to the potential complications of your case. You can probably get an injunction to keep her from destroying/selling anymore of the estate because her residence in the house does not make it hers. If you would like to discuss any issues further, please feel free to contact my office. Thank you.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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