I have 4 other siblings an 4 of us agree that 2 of my syblings are to be the admistaror of our parent's estate there was no will in place. But the one sister who lived an lives in our parent's home at there time of passing refuses that anyone other than her is going to be the admistaror of everthing or everthing can be sold by the state and no one gets anything from our parent's estate if we basically dont let her be in charge of everthing. My question is if we all 4 agree and file through probate on who we want to be admistaror does she have to agree or will the majority over rule her ?shes acting like she deserves everything from our parent's estate when the only reason she lived there in the first place is because she was evicted from her home 4 years ago. Please help!
I’m sorry for the situation, and the passing of your parents.
If one sibling is in disagreement, the other three can convince the judge to rule with them, but as you can imagine, it is a longer and more drawn out process than if everyone was in agreement. Basically, the siblings in agreement would file a Petition, and then the non-agreeing sibling would object to the Petition. The judge would decide how long to give each side to prepare their case, and then hear argument.
I think you would be greatly benefited by hiring an experienced probate attorney because otherwise the objection in the case could delay things by six or more months (at a minimum, if the objection is to be heard by the judge).
There’s also an option it doesn’t sound like you’ve considered: a third party administrator.
One last point: technically, the state doesn’t just get all your property... even if no one is appointed. It’s a common myth (and there’s a grain of truth to it), but it’s a rare occurrence that the state actually takes all of the estate assets.
Good luck to you!
You badly need counsel. Your unfortunate loss is being made worse by no one knowing what to do. The majority doesn't rule...the court decides any conflict. And who gets what depends not on how anyone feels but what the law requires. BTW coadministrators is usually a bad plan. But proceeding without a lawyer is a guarantee of problems.
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The probate court determines who should be the administrator. The probate court will look at the situation to determine who will best serve the the estate. Georgia probate law provides the court some guidance. Greater preference is given to someone selected unanimously by the legal heirs, the surviving spouse, and someone selected by a majority of the legal heirs. You should consult an attorney for help with this.
A petition need to be filed with
Probate court for someone to be the administrator of the estate. If someone does not agree with the person that filed then they can object and the court ultimately will decide who the administrator will be. In addition the coat can appoint an independent party to serve as the administrator.
In this type of situation, the two siblings you want to serve as administrators of your deceased parent's estate could file a petition to be appointed administrators. The probate court would serve the sister who does not acknowledge service of the petition with a copy of the petition. The non-consenting sister then would have an opportunity to file an objection to the petition. After being served with the petition, If she did not do anything, the probate court probably would appoint the siblings who filed the petition as administrators. On the other hand, if your sister were to object to the petition, the probate court would hold a hearing and appoint the person the court determines would best serve the interests of the estate. Assuming that the children are the sole heirs of the estate, the first in the order of preference would be one or more of the heirs of your deceased parent or the person or persons selected by the majority in interest of the heirs. However, the probate court is not bound by this order of preference. I recommend that you seek the advice of a probate attorney concerning this matter.
This response is intended to provide general information only and not to give legal advice about your particular situation. It does not establish an attorney client relationship. You should consult with an competent attorney for specific advice about your particular situation or concern.
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