Executor

[Jake0329]

Jurisdiction

Georgia

As the executor of my mother's will, which is in court but probate hasn't started yet because my youngest sibling is having to be served.
My question is : my mother wanted her house to go to my neice. Her mother, the youngest sibling has all intentions of taking the house from her so she can have it. My mother did not want her to get the house at all and was adamant about this to me and my other two siblings besides her. Can I just sell the house instead of my neice being manipulated by her mother?

 

[army judge]

Can I just sell the house instead of my neice being manipulated by her mother?

Of course you can try to sell the house, but you will dislike the consequences.

As executor you are mandated to follow the written will, nothing more, nothing less.

If Lucy is to get the home on Main Street, that's all you are to consider.

If Lucy wishes to gift the home to Miranda later, that's entirely within her purview to do so.

 

[adjusterjack]

My mother did not want her to get the house at all and was adamant about this to me and my other two siblings besides her.

What your mother was adamant about means nothing in a legal sense.

What counts is what she wrote in her will.

If she wrote that your niece gets the house, then your niece gets the house and (provided all the estates debts are paid) you deed the house from the estate to your niece.

Once your niece owns it, whatever happens happens. By the way, her mother can't just take the house from her, your niece will have to deed it to her and that, of course, is your niece's choice.

 

[zddoodah]

As the executor of my mother's will, which is in court but probate hasn't started yet because my youngest sibling is having to be served.

Has the court actually appointed you to serve as executor? Or are you merely nominated in the will to serve in that capacity? Sounds like the latter.

my mother wanted her house to go to my neice. Her mother, the youngest sibling has all intentions of taking the house from her so she can have it.

Does your mother's will properly express her desire for "her house to go to [your] neice [sic]"?
How do you know what your sister intends to do?
What does your sister intend to do to "tak[e] the house from" your niece?
How old is your niece?

My mother did not want her to get the house at all and was adamant about this to me and my other two siblings besides her.

Is any of this expressed in your mother's will?

Can I just sell the house instead of my neice being manipulated by her mother?

Can you? Once you're appointed to serve as executor, you probably will have the ability to do this. Of course, unless the will calls for you to do this (which your statement that your "mother wanted her house to go to [your] neice [sic]" suggests otherwise), doing so could very easily get you sued, including for punitive damages, for an intentional breach of your duties as executor.

 

[Jake0329]

Has the court actually appointed you to serve as executor? Or are you merely nominated in the will to serve in that capacity? Sounds like the latter.



Does your mother's will properly express her desire for "her house to go to [your] neice [sic]"?
How do you know what your sister intends to do?
What does your sister intend to do to "tak[e] the house from" your niece?
How old is your niece?



Is any of this expressed in your mother's will?



Can you? Once you're appointed to serve as executor, you probably will have the ability to do this. Of course, unless the will calls for you to do this (which your statement that your "mother wanted her house to go to [your] neice [sic]" suggests otherwise), doing so could very easily get you sued, including for punitive damages, for an intentional breach of your duties as executor.

I

 

[Jake0329]

I was appointed the executor of her will and estate. My sister has done everything to try and get everything changed over to her but she is the one holding up the probate. She has threatened me with attorneys and has tried to get the will she changed while my mother was grieving my fathers death 2 years ago. In a months time she has the life insurance that my dad had for my mom changed to where she was beneficiary and of course kept the 6100. That was left over for herself. She is a very manipulative person. I got my mother away from her and had power of attorney given back to my mom and also got a lawyer for her to fix her will the way my mom wanted it to be. I forgot about life insurance. My youngest sister hasn't spoken to my mom in 2 years and didn't come to hospital when my mother was dying. It's just a mess.

 

[Jake0329]

I have kept all the texts to my sister and my neice. I've repeatedly have texted my neice asking her if she wanted the house and she hasn't responded back to me at all. There is bills still owed on my moms estate and they keep trickling in day by day. I've already paid 227.00 in probate and to have my sister served to get the will started. I'm just at a loss and can't keep affording all the money I am going to have to put out.

 

[zddoodah]

I don't think you answered a single one of the questions I asked.

 

[Jake0329]

I am listed in the will to be the executor of her estate. The will is in the court now but can't be finished because we are waiting on my youngest sister to turn in her signature as a legal heir.

 

[Jake0329]

It is listed in will for my neice to get my moms house.

 

[adjusterjack]

I was appointed the executor of her will and estate.

That's not the answer we are looking for.

Did the court issue you papers acknowledging your appointment as executor? Those papers authorize you act on behalf of the estate.

 

[Jake0329]

Not yet! Waiting on sister to turn in her signature before I can be sworn in as executor

 

[zddoodah]

Ok, so you're the nominated executor but haven't been appointed yet. I have a hard time believing that this can't happen without your sister signing something since estates are administered all the time without heirs being initially identifiable or locatable. Nevertheless, until you are appointed as executor, you have no legal authority to do anything with estate assets.

You still haven't answered all of the questions I asked. However, since "It is listed in will for [your] neice [sic] to get [your] mom[']s house," it would be inappropriate for you to sell the house, rather than transferring title to your niece (unless it is necessary to sell it to cover estate debt).

Given the apparent acrimony here, if you don't have an attorney representing you in your capacity as executor (to-be), you would be very unwise not to hire one.

 

[Jake0329]

The probate clerks told us that all living heirs had to sign the probate papers. I don't understand it either. What were the questions that I didn't answer?

 

[zddoodah]

The probate clerks told us that all living heirs had to sign the probate papers.

What did your probate attorney tell you?

What were the questions that I didn't answer?

I asked how old your niece is.

In your original post, you wrote the following: "My mother did not want her to get the house at all and was adamant about this to me and my other two siblings besides her." I asked if any of this was expressed in your mother's will.

However, the answers to these questions won't impact what I wrote in my most recent prior response.

 

[Jake0329]

My neice is 22 and my mother only spoke to me and my older sister about not wanting my youngest sibling to get her house. It isn't specified about this in the will.
What do I do about money owed thru the estate for bills?

 

[army judge]

My neice is 22 and my mother only spoke to me and my older sister about not wanting my youngest sibling to get her house. It isn't specified about this in the will.
What do I do about money owed thru the estate for bills?

I suggest you hire an attorney to assist you as executor.

The attorney's fees can be paid out of the estate.

If hiring an attorney doesn't interest you, you can start educating yourself about the duties of an executor under GA law, here are a couple sites that discuss the duties of an executor:

http://gaprobate.gov/sites/default/files/probate/Duties of PR_8.5x11.pdf

What Are the Responsibilities of an Executor of a Will in Georgia?

Duties of the Executor of a Will in Georgia

 

[Jake0329]

Thank you so much

 

[army judge]

Thank you so much

You're welcome.

 

[zddoodah]

My neice is 22 and my mother only spoke to me and my older sister about not wanting my youngest sibling to get her house. It isn't specified about this in the will.

Ok. Then your niece is an adult (if she allows herself to be manipulated by her mother, that's her problem), and I assume you understand that desires not expressed in the will aren't legally relevant.

What do I do about money owed thru the estate for bills?

Not quite sure what you're asking here. However, if you're seeking to be appointed as executor and don't understand how to do that job, you would be very unwise not to retain a local estate attorney. In a nutshell, and at the risk of oversimplifying, the executor's job in administering a testate estate entails the following: (1) identify and take possession or control of probate assets of the deceased; (2) identify the deceased's creditors, including the amounts of indebtedness; (3) after giving proper notice and the expiration of the time for making claims, use liquid assets (and/or liquidate non-liquid assets to the extent necessary) to pay the deceased's debts (including funeral and burial costs and the expenses of estate administration); (4) distribute specific gifts as per the will; and (5) distribute the residue of the estate as specified in the will.