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Claim invalidated 6 months after made, isnt deadline in Ga 30 days, and what can I do

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jbhenson

Member
What is the name of your state (only U.S. law)? Ga

My father and mother needed help buying a home, I did what I could including paying some bills, inspection fees ect, but at the time I couldn�t get the loan in my name due to Identity theft. I thought Id never have to argue when the home still needed to be paid for, I was wrong.

When my father died no one helped me or my mother pay for his funeral, she told me she didn�t want to be a burden to me so she saved up some money to pay for it, because I took over the house payment for the last year of her life. She said it wasn't much but she saved a little, it was enough to pay for her funeral and pay for her will and probating it.

She was making my niece the executor because I was having issues due to my service in Corps in combat, and she trusted her. My niece had her get the will drawn up at her attorney and friends practice.
Everything appeared good until my mother Died, I was hospitalized and almost died but pulled through it. I sson found myself asking my niece to get the ill probated which she refused to do, first she said I had to pay for it because her and her mother had no interest in it, they already got their inheritance and the only thing left was the house I was paying on, so I had to pay for probating the will.

I made arrangements to get it done with another attorney and she refused, said she didn�t trust this attorney. So I made arrangements with her attorney signed papers, 6 months later he still had not probated the will.

I made numerous calls and was told to contact her and that she wasn�t able to PUSH the courts. The court told me she hadn't even probated the will. Six months later I threatened with filing myself and she took a document I signed that was undated used it and put date on it 6 months after I told her she couldn�t use it because it took so long.

Another 5 months went by after she filed public notice and she refused to give me updates, or inform me of accounting, said the will didn�t require it. I hired an attorney who told me to file a claim on it to make her and my sister either sign over their portions of house or pay their part of the 2 mortgages and repairs to keep the house livable.

I wasn�t living there I was traveling to Argentina, and traveled across the USA. After my claim was filed I was told she had 30 days to pay the claim or say it was invalid, I waited 6 more months to call and ask about it, my attorney knew othing so I called the court clerk, she said it was on the judges desk and he was reviewing it, I asked when was I going to have a hearing she said she didnt know call her back. I called the next day, she said the opposing attorney was going to file a motion.

He filed a motion or petition 6 months after I filed my claim stating my claim was invalid. According to Ga law my niece was supposed to start paying claims within 6 months of being sworn in, she never did anything. This occurred 9 months after her taking office.

The system here is the judge and my nieces attorney are friends and they work together in state court, my nieces attorney is the prosecutor.

I have a meeting with the judge Monday to ask why the other attorneys petition was accepted 5 months after the dead line, is there anything else I should ask or do. Should I file a petition to strike the other attorneys petition? Or what?
 


FlyingRon

Senior Member
The obvious thing would be to request your lawyer file for a change of venue due to the conflict of interest.
Unless you're family is somehow related to the judge, I'd hardly find the situation prejudicial. The prosecutors aren't even involved in a probate matter.
 

jbhenson

Member
Prosecutor is my nieces attorney

Unless you're family is somehow related to the judge, I'd hardly find the situation prejudicial. The prosecutors aren't even involved in a probate matter.
Not only is he friends with judge, I found out after paying my attorney 600 dollars he is also his friend. He tried to get me to sign papers today saying they are good they are going to give you deed. The papers only gave me half of deed giing the excutrix the other half, and prevents me from suing her.
 

TheGeekess

Keeper of the Kraken
Not only is he friends with judge, I found out after paying my attorney 600 dollars he is also his friend. He tried to get me to sign papers today saying they are good they are going to give you deed. The papers only gave me half of deed giing the excutrix the other half, and prevents me from suing her.
Judges are often friends with attorneys and attorneys are often friends with other attorneys. They go to the same colleges, end up in the same honor societies/fraternities/sororities, play golf together and hold BBQs. :cool:
 

jbhenson

Member
Judges are often friends with attorneys and attorneys are often friends with other attorneys. They go to the same colleges, end up in the same honor societies/fraternities/sororities, play golf together and hold BBQs. :cool:
Yes the latest thing is, my attorney told me to sign a document, that after I asked another attorney about said would give my niece HALF of my house. When I questioned him about it, he said "oh, its a mistake, im sure they didnt do in on purpose. I then showed him the wording throughout the whole document and you could plainly see it wasnt a mistake. He said and thats why we read these things thoroughly. I said then why did you tell me to sign it, he said "oh maybe I should have read it better"

I told him I am paying you to look after my families interest, he then said "well your looking after your own interest quiet well"

I was flabergasted and left right away.
 

TheGeekess

Keeper of the Kraken
Please keep all your questions in one thread. :cool:
https://forum.freeadvice.com/wills-trusts-estate-planning-113/sister-inherited-1-6-house-debt-because-father-didnt-have-will-but-wont-pay-601310.html
https://forum.freeadvice.com/small-claims-courts-24/do-i-have-case-if-i-sue-house-payment-because-executrix-refuses-sign-over-de-601311.html
 

jbhenson

Member
Please keep all your questions in one thread. :cool:
https://forum.freeadvice.com/wills-trusts-estate-planning-113/sister-inherited-1-6-house-debt-because-father-didnt-have-will-but-wont-pay-601310.html
https://forum.freeadvice.com/small-claims-courts-24/do-i-have-case-if-i-sue-house-payment-because-executrix-refuses-sign-over-de-601311.html
oh ok, ty for helping me out!
 

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