Legal Question in Wills and Trusts in Georgia
proper distribution
When a will has gone through probate and property is to be distributed to certain ones,is it legal for executor of will to refuse distribution due to wanting to sell item to pay a debt?
Asked on 11/16/06, 10:44 am
2 Answers from Attorneys
Harold Holcombe
Harold D. Holcombe, P.C.
Re: proper distribution
Debts must be paid first, before any property is distributed. Executor's job is to inventory the property and try to make sure that the Testator's wishes are met. But, debts must be paid first, and if property has to be sold it will be Executor's decision what to sell. However, the Executor has a fiduciary duty to beneficiaries to manage estate properly.
Answered on 11/16/06, 11:41 am
Glen Ashman
Ashman Law Office also dba Glen Ashman Attorney
Re: proper distribution
Debts and taxes must be paid before heirs.
Answered on 11/16/06, 12:05 pm
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