Legal Question in Wills and Trusts in Georgia

Sadly, if your numbers are right, the heirs and the grandson will probably get zero. After you add legal fees, and subtract the final bills, nothing is left.

The ex-wife, by virtue of the divorce, gets no rights when it comes to inheritance or the right to administer an estate. You do not indicate who filed first (which is odd - only one person files and the petition is served on the other heirs who can object). If there is a dispute then the clerk will hold a hearing and decide. The order of priority, when there is no will is set forth in the below statute. So while the ex-wife could serve, my guess is that in a dispute the court would appoint you assuming that you are otherwise qualified. Being personal representative is a chore - it means that the estate must be administered, claims paid and so forth. My guess is that ex-wife is doing this to grab the money (knowing human nature) or perhaps she feels compelled to do this if she is the mother of the child and is acting to protect the child's entitlement.

Since you have a lawyer though, its not really ethical for an attorney here to interfere in that relationship. Nor should any answer here be used to second guess your lawyer. He or she has all the facts - any lawyer here does not. So you need to discuss with your attorney whether the court would be more likely to appoint you or her.

Regarding the payment of claims, I agree with Attorney Ashman.

When there is enough money, all creditor's claims are paid before the heirs get anything. If there is not enough money, then claims are paid in order of priority as set forth in the statute, which is also below. Since there is a minor child, my guess is that she would get her yearly support allowance. Probate fees and administrative expenses (your commission, attorney fees, etc.) would be paid next. Then come funeral and hospital bills. Then the divorce lien would be next in line after any taxes. But I would be surprised if there will be any money left to make it that far if what you say is true.

Good luck.

� 53-6-20. Selection or appointment of administrator

An administrator may be unanimously selected by all the heirs of a deceased intestate unless the sole heir is the decedent's surviving spouse and an action for divorce or separate maintenance was pending between the deceased intestate and the surviving spouse at the time of death. With respect to any heir who is not sui juris, consent may be given by the guardian of the individual. When no such unanimous selection is made, the probate court shall make the appointment that will best serve the interests of the estate, considering the following order of preferences:

(1) The surviving spouse, unless an action for divorce or separate maintenance was pending between the deceased intestate and the surviving spouse at the time of death;

(2) One or more other heirs of the intestate or the person selected by the majority in interest of them;

(3) Any other eligible person;

(4) Any creditor of the estate; or

(5) The county administrator.

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� 53-7-40. Liability of estate; priority of claims

Unless otherwise provided by law, all property of the estate, both real and personal, shall be liable for the payment of claims against the estate in the following order:

(1) Year's support for the family;

(2) Funeral expenses, whether or not the decedent leaves a surviving spouse, in an amount which corresponds with the circumstances of the decedent in life. If the estate is solvent, the personal representative is authorized to provide a suitable protection for the grave;

(3) Other necessary expenses of administration;

(4) Reasonable expenses of the decedent's last illness;

(5) Unpaid taxes or other debts due the state or the United States;

(6) Judgments, secured interests, and other liens created during the lifetime of the decedent, to be paid according to their priority of lien. Secured interests and other liens on specific property shall be preferred only to the extent of such property; and

(7) All other claims.