Legal Question in Wills and Trusts in Georgia

I was in prison my brother n mom passed away I turned overpower of attorney to my daughter n executor of each estates now I'm out I ask her to turn properties over n she won't I did give her a house that she lives in


Asked on 4/20/15, 11:28 pm

1 Answer from Attorneys

And your question is what exactly? Neither I nor any other lawyer is psychic. It will be necessary to review the power of attorney that you signed and the will. You can revoke the power of attorney at any time. Revocation is done, depending on if this was filed, by filing a revocation at the courthouse in the county where it was filed and by sending a notarized copy to your daughter.

She is obligated to use the power of attorney for your benefit. If she abused the power of attorney, then you may need to sue her. Estate is a different issue. Unclear here from your post but it looks like both brother and mother are dead. Who died first? And when? It may make a difference as to what you get. Is daughter administering both estates? Or only one? Where does this stand? The job of the personal representative is to figure out what the deceased owned and owed, pay any just debts and then release whatever is left to the beneficiaries. That is it. Your daughter can be removed if she is not doing her job properly.

Now you say you "gave" her a property. A gift is a gift. If you signed over a deed to her then she now owns the property and you generally cannot undo a completed gift. I do not know the details of this gift or even if you really made a "gift" to her. You can only give her up to $13,500 per year without gift taxes unless you did this properly so I would be somewhat surprised if you actually made a completed gift to her. However, you need to see either a probate or possibly a real estate attorney. I suggest that the attorney review all the documents and he/she will then be able to give you better advice.

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Answered on 4/23/15, 2:34 pm


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