Parents joint last Will and father dies

wpd777

New Member
Jurisdiction
Georgia
Parents have a joint last Will and father dies .mom is 86 and has dementia my sister is POA. My mom can not be left alone. I live with mom and care for her 24/7. My sister and brothers also expect me to support myself. There's no way I can do it. They refuse to compensate me financially and does not help with care for her or give me any breaks. Brothers hardly ever see her and sister may once every 2 weeks or so. We are prisoners of the house. What do I do?

My parents have a joint last Will and father dies does it have to be probated for executor to take over .

My father died in 2002. My 2 brothers and 1 sister will not provide me with a copy. Tried to get one from court house.No record of one. They have taken control of Cds bank accounts ect. Cut me out. What do I do
 
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Please keep all of your posts on this topic in this thread. Your other post has been deleted as a duplicate and I've moved the comments into this thread.

With regard to your parents' joint will, there might not be any requirement for probating it if all of your parents assets (home, bank accounts, cars) were owned jointly with right of survivorship. If that was the case then all of the assets passed automatically to your mother.

That the will hasn't been filed with the probate court could support my conjecture.

If your sister got POA while your mother was lucid then, yes, your sister is in control of all of your mother's assets.

If you want to find out what's in the will and your sister won't give you a copy, you can open probate under intestacy and ask the court to appoint you representative of the estate. Getting that appointment puts you in control of everything until your sister files the will with the court and gets your appointment cancelled. At that point the will becomes public record and if there is anything in there for you, your sister will have no choice but to follow the terms of the will.

Your local court's website might have forms and instructions for opening probate. If not, some of the larger counties (Fulton or DeKalb) might have forms that you can modify for your local court.

If all this is beyond your capabilities, you will need a lawyer.
 
my sister has a POA.

ftfy

Be aware that, without knowing what the POA says, it's impossible to know what effect it has.

What do I do?

I have no idea what you do because you didn't tell us (other than telling us that you take care of your mother). Who buys your groceries and pays the mortgage/rent and the utilities? Sounds like this situation has been going on for a long time, so I'm a bit unsure what you expect us to make of your story.

My parents have a joint last Will and father dies does it have to be probated for executor to take over .

The concept of a "joint will" is foreign to me, and I'm not in Georgia, but whether your father's estate should be (or, more accurately, should have been) probated isn't something that can be determined based on the information you have provided. Needless to say, after more than a decade and a half, the utility of probating his estate would seem to be minimal at best.

I suggest you confer with a local attorney about the various issues you have mentioned. It may be that seeking a conservatorship (or adult guardianship) would be the best thing for you to do.
 
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