Legal Question in Wills and Trusts in Georgia

Property settlement after Will probated

My mother died in February in a nursing home leaving my sister as executor of her estate. Mother's estate included the house that my sister was living with her family in exchange for taking care of her needs. Mother's Will states that her three children should divide the property equally. Property included the house (paid in full), the furniture. My sister has lived in the house for 4 years and the furniture is worthless because of the destruction caused by her three small children. My brother and I want to sell the house. My sister has been dragging her feet on probating the Will, but insists that it will happen May 1st. At what point did the house become mine and my brother's property, and could we charge her rent for being in the house since February? Do I have any recourse regarding the furniture? It was worth at least $3000 when it was placed in the house about 2 years ago. Now it is probably worth less than $1000.

Thank you for your assistance.


Asked on 4/22/04, 1:22 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Property settlement after Will probated

Upon your mother's death, all 3 of you children immediately had "rights" in the property. However, the will must be probated to bring those rights to fruition. The same goes for the furniture and any other property. She will owe the estate for rent since February. If she refuses to file the will for probate, you can file for an Administration (the procedure when there is no will produced) and then subpoena the will. I doubt you can make a case of the reduction of the value of the furniture since that sounds like normal wear and tear.

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Answered on 4/22/04, 1:29 pm


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