How to handle lingering estate matters....
Macon, GA
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Posted 10 months ago in Probate
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My Father's will was probated in the early 1990's and my older brother and an uncle were executors. Most of the estate was soon dispersed or liquidated according to the will - but my Father stipulated that his house was to be used by his wife (not our mother) until her death and then revert back to the estate. She died about a year ago and now my brother is dragging his feet in dispersing of this home and a couple of other small properties remaining in the estate. He doesn't want to sell them - but I don't think he's financially able to buy them either.... and he has a history of mental illness and is exceedingly difficult to deal with. My uncle, the other executor, has died in the interim - so my brother is the sole remaining executor. There are 4 heirs total - my brother, 2 sisters and myself. My older sister tried to talk with an attorney - but she said he told her that the will had been probated, it was unethical for him to provide any advice and we needed to talk with the original lawyer..... unfortunately, he has died too. What legal options do we - the heirs (that are not executors) - have? What would be the best way to handle the remains of the estate?
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Answers (1)Robert W. Hughes Jr.
This attorney is licensed in Georgia.
Posted 10 months ago.
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If you did not have an attorney, or your earlier attorney died, there is no problem talking to another attorney about your issue. The really simple answer is for you to file a Petition for Settlement of Accounts. You can say jsut about what you said in your question in the petition. The court will schedule a hearing and order the executor to sell the property and distribute the proceeds.
If you want an attorney to hanle it for you, I would be happy to review the case |