My condolences on your loss. I will assume, based on your post, that your mother's principal residence was in Georgia at her death, that she was no longer married to the father of her minor children, she was not remarried to anyone else, and the only children are you and the minors. If that is the case, then the father could try to seek appointment as the Administrator of your mother's estate, but he would not necessarily be able to do so without your consent. You could also try to seek appointment as the Administrator of your mother's estate (assuming you are not a minor). Having the father of the minor heirs appointed as the Administrator of your mother's estate would not cut off your rights as an heir, however. Whoever is appointed as Administrator is required to follow the law, pay off debts, administrative expenses, and taxes as appropriate, and then distribute the remaining assets (if any) to the heirs in accordance with the laws of intestacy. While an Administrator could act inappropriately or abusively, they aren't supposed to do so, and there are ways for heirs to protect their interests.
What could cut off any potential inheritance for you is a year's support claim made on behalf of the minor children. Georgia law allows a surviving spouse or surviving minor child of a decedent to make a year's support claim against the decedent's probate estate. If the house and other assets owned by your mother became part of her probate estate, they are potentially subject to this claim. A year's support award could be the entire estate, some lesser portion, or nothing, depending on whether the request is challenged by other heirs or other interested parties and, if challenged, what the court decides is a reasonable award amount. Year's support awards get paid before unsecured creditors, many administrative expenses, and other heirs, so if most or all of the estate is awarded as part of a year's support to your minor siblings, you would effectively not receive much, if any, inheritance.
You should consult an experienced probate attorney as soon as possible, so that you know your rights and how best to protect them. You should also consider whether you may want to seek appointment as the Administrator and whether to try to challenge any year's support claim which might be made. Timing may be very critical, so consult an attorney soon, and be prepared to move quickly, especially if anything does get filed with the probate court.
Best wishes to you.
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Get a Ga licensed lawyer immediately. Someone experienced in probate matters.
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Attorney DiSalvo has given you the best answer you will receive.
The ex can petition but so can you.
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