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

Related Topics:
1 Lawyer Answer
Jammie Taire
Jammie Taire
  • Estate Planning Lawyer
  • Snellville, 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.