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Executor/PR won't communicate

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steamed

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

My ex-husband died recently. I am the mother of his only children; one is over 18 and one is not yet 18, but soon will be. Within the past 3 years he remarried and apparently changed his beneficiary for his life insurance and pension from his children to his current wife. The kids are in total shock. He also had fairly substantial real estate and so far we don't know if he had a will. I have been calling and leaving messages with the new wife but she will not return my phone calls. Doesn't she have to communicate with me as the guardian of one of his heirs? The kids and I are in the process of getting an attorney to help with probate, but knowing whether or not he had a will would certainly simplify things; if he left them nothing then there is no reason to go to the expense of an attorney. A related issue is there is some urgency because the child that is under 18 will soon turn 18, and if we are going to petition the court for a year's support we have to do it before the child is 18 and shut out completely. Thanks for the advice
 


anteater

Senior Member
I can't think of a legal reason requiring her to communicate with you. Or his children for that matter. Unless she has filed to open probate and for appointment to administer the estate, she isn't the "Executor/PR." And, even if she has, her only legal obligation is to give the proper notices to the beneficiaries/heirs.
 

Dandy Don

Senior Member
How recently did he die? If the wife is in the process of grieving, she may not be in a hurry to get the will probated. Normally the will is probated between 30-60 days after the death. You can check at the county courthouse probate court to see if it has been filed yet. If your son is named as a beneficiary he will eventually be notified of such by the executor of the estate, assuming that the executor knows his address.

You need to go ahead and consult with the attorney now to find out whether you have an urgent need to prepare a claim for a year's support at some point in the near future.

DANDY DON IN OKLAHOMA ([email protected])
 

steamed

Junior Member
Thank you both for your replies.

He died August 31. I'm pretty sure she's not prostrate with grief over this. His (my) children witnessed firsthand that their father was miserable with this woman. That's what's so hurtful to them about all this. Their father was a lifetime alcoholic - pancreatitis killed him and he was only 51 - and if he wasn't creating strife between him and his wife, she was, and they didn't even try to hide it from the kids when they visited. They can't stand his wife.

She did not try to accommodate any of the children's requests regarding his burial or services; she completely disregarded everything they suggested. All of it was totally not what their father would have wanted.

When my son called her and told her he would like some of his dad's things (guns, a collection of trains) she said to come see her and they would talk about it. Because she had never before been interested in trains or guns or in him visiting, he didn't understand what there was to talk about. She will probably expect him to buy them from her. That's the kind of woman she is.

I thought if he died without a will, as his wife she was the assumed executor for his estate and as such had to communicate with his heirs. Thanks for clarifying that. We only want one question answered, but we can proceed without it.

Thanks for your help.
 

Dandy Don

Senior Member
Since she is not very cooperative it's best that you all have no further direct contact with her. Let your attorney contact her if necessary, as an intermediary.
 

anteater

Senior Member
I thought if he died without a will, as his wife she was the assumed executor for his estate...
Without checking Georgia law... I would be fairly certain that she would be given preference for appointment. But, until she actually seeks the appointment, that is theoretical.

...and as such had to communicate with his heirs.
As you are likely to find out, what the executor is legally required to communicate to the beneficiaries/heirs at law is minimal.

If you retain an attorney, she can decline to communicate with that attorney just as easily as she declines to communicate with you. On the other hand, she might respond to a sternly-worded letter from your attorney. The only surefire way to get things rolling is for your eldest son (or you on behalf of the younger son, if GA allows such) to file to open probate.
 

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