Asked in Estate Planning and Probate for Georgia

Q: What happens if I don’t sign for the succession but everybody else did?

The lawyer we had quit before we resolved anything. I’ve been living in my mamas trailer for 2 years next month. She told me to move in her place after she wanted to get put in the nursing home. She died 4 months after I moved in. I’m still here but my siblings was to evict me when I’ve been paying for the up keep not them. If no one lived here it would have went down hill and had mildew ,because it was in 2 rooms when I moved in and I had to bleach the walls. Mamas been gone for a year and everyone signed the paper for the succession except me. I didn’t have a way to get there. And then the lawyer quit and gave us all our money back and didn’t even charge us for what he had done. I want to live here til it’s skld but they don’t want that

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1 Lawyer Answer
Jammie Taire
Jammie Taire
PREMIUM
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: Hello. You have my deepest sympathy for the loss of your mother. This is a difficult question to answer given the information provided. I am unsure if anyone has actually filed to be named as administrator or executor based on the information provided. I will assume someone has petitioned to be named the administrator. I am also unclear what you mean by everyone signed the paper for succession. If you mean the acknowledgment, then what happens is the probate court will send the document to you if you did not sign. You will then have 10 days in which to object (13 depending on service). If you do not object within that time then the petitioner will be named as the administrator. If you timely object, the court will schedule a hearing to resolve the issue. Regarding the trailer, this will depend on a great deal of factors. If you cannot buy out your siblings interest, the court could require that the trailer be sold and the proceeds divided. If you feel you have made improvements to the trailer you can file a claim against the estate and the court can determine the validity of that claim. There are really lots of issues here and I strongly suggest you consult with an attorney.

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