Duluth, GA asked in Probate for Georgia

Q: Executor sold all property inside house of deceased; upon receipt of will (later) I was to inherit

All personal property (furniture, clothes, etc...); additionally, I had the option for items to be stored or shipped to my home. The executor of the estate NEVER made me aware of any of this; I found out the day a copy of the will made it to my mailbox.The executor did not keep a detailed list of the deceased’s personal possessions that were in the home prior to them being sold either.

I brought this matter to the probate Judge at a hearing. From that experience I've learned a will is not the” legal contract” I had assumed it to be; it definitely does not carry the weight of other legal contracts such as a car loan or student loan. I also believed a probate Judge had a duty to protect the interests of the deceased; to oversee their final "Will and Testament" is followed exactly as written. I was wrong there also with my assessment of their (power) job description/duties. While it is written I'm to receive 1/2 of the money also, I'm fully aware and now realize what that outcome will be

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1 Lawyer Answer
Paula J. Mcgill
Paula J. Mcgill
Answered
  • Marietta, GA
  • Licensed in Georgia

A: The issues raised in your question cannot be answered on this site. You should take the will, the order, and other documents filed in the case and take it to local counsel. An experienced attorney will be able to explain the distribution order and the responsibilities of an administrator/executor.

Keep in mind, a will is not a contract. Moreover, the liabilities of the estate must be paid before the estate is distributed to the beneficiaries. Again, counsel will be able to explain this to you in full.

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