Columbus, GA asked in Estate Planning for Georgia

Q: My father left a will, which states that I, his only child, is EXECUTOR, EXECUTRIX, PERSONAL REPRESENTATIVE, TRUSTEE

To his estate & upon release of said life estate (my death), property shall pass to BRALYN COLE MCDONALD. But, the will also states "I CONFER UPON THE EXECUTOR THE POWER TO DO ALL THINGS DEEMED NECESSARY OR PROPER REGARDING FOLLOWING POWERS, WHICH MAY BE EXERCISED WITHOUT ORDER OF OR REPORT TO ANY COURT: TO SELL, EXCHG, OR OTHERWISE DISPOSE OF ANY PROPERTY AT ANY TIME HELD OR AQUIRED UNDER THIS WILL."

So, only one grandchild was born at time will was done, now there are several more. Can I sell the property with the will stating this? As well as, "AS EXECUTOR DEEMS BEST WITHOUT REGARD TO ANY LAW." And is the mother of the grandson listed, 9 yrs old now, automatically his conservator? Do I have to have her permission to sell? Is there a certain percentage I give him if I can sell? My dad told me I would have to leave here when he passed so I think that's why he put I could sell, dispose of.........but, his mother is "controlling me," saying she's his conservator.

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1 Lawyer Answer
Robert W. Hughes Jr.
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Robert W. Hughes Jr.
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: Your question is well past complicated. The entire will needs to reviewed by a lawyer specializing in probate law. You compound the issue by discussing grandchildren who might have a conservator. You make no mention of grandchildren as you quote part of the will. This question ought to be fairly straightforward for a probate lawyer to answer.

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