Grandmother passed away without will in Georgia

[CluelessInFl20]

What is the name of your state (only U.S. law)? Florida
My grandmother passed away in October 2012. When she passed away she has no will that has been found by anyone so family is proceeding as if there was no will. My grandmother has 6 children 2 of which had passed away a few years ago(1 was my mother and other was 1 of my uncles). From what I have been told my mother's part of the estate is to be split with me and my sister and the same for my uncle's share with his children.
Here are the issues,
1) The executor ( my Aunt) is currently living in my grandmother's home, she was living there before my grandmother passed away. My grandmother was not living there when she passed. My Aunt was covering all the bills on her own before grandma passed away but since she has been paying for everything out of the estate. Is that legal? Also she is driving 1 of my grandmother's cars and another Aunt is driving the other one. Can they legally drive the cars around until the estate is settled? What happens if they wreak one of the cars?
2) My grandmother died in a car accident in which her boyfriend was driving. His insurance company has offered to settle. Most of us agree to just settle it and move forward. However, my 2 aunts (co-executors) want to sue this 78 year old man. I totally am against this idea as are my sister, cousins and my 2 uncles. It was a accident. Nothing more and had my grandmother had her seat belt on most likely she would have survived. Can they sue this old gentleman without us agreeing to it? It is just going to drag out the settling of the estate. As we see it my Aunt's are not concerned about the amount of time it takes due to the fact that they are using money out of the bank account to cover their own expenses.
3)My Aunt's are not giving us any information. They have fired the estate lawyer and hired a new one. I have no idea who the new one is. Shouldn't we be informed of this information?
I am sorry this is so long. I am not in this for the money as I plan to give it to my children anyway, that would have been what my mom wanted me to do. However, I know that my Uncle's, sister and cousin could really use the money and just want this to get settles. I am not sure if it matters but her estate if they took the settlement from the insurance is going to be around 240K. If my aunt's keep out of the bank account. Any advice would be a great help. Thank you for your time.

 

[tranquility]

http://www.athensclarkecounty.com/index.aspx?NID=919
http://livingtrustnetwork.com/estate-planning-center/applicable-state-laws/intestate-succession/georgia-intestacy-laws.html
http://www.nolo.com/legal-encyclopedia/intestate-succession-georgia.html

1) The executor ( my Aunt) is currently living in my grandmother's home, she was living there before my grandmother passed away. My grandmother was not living there when she passed. My Aunt was covering all the bills on her own before grandma passed away but since she has been paying for everything out of the estate. Is that legal? Also she is driving 1 of my grandmother's cars and another Aunt is driving the other one. Can they legally drive the cars around until the estate is settled? What happens if they wreak one of the cars?

The properly insured vehicles will compensate the estate with insurance. But, the driver may be responsible to the estate and the executor may be liable to the beneficiaries for breach of fiduciary duty. As it is, the executor is benefiting some beneficiaries over others and that is a breach of fiduciary duties as well.

2) My grandmother died in a car accident in which her boyfriend was driving. His insurance company has offered to settle. Most of us agree to just settle it and move forward. However, my 2 aunts (co-executors) want to sue this 78 year old man. I totally am against this idea as are my sister, cousins and my 2 uncles. It was a accident. Nothing more and had my grandmother had her seat belt on most likely she would have survived. Can they sue this old gentleman without us agreeing to it? It is just going to drag out the settling of the estate. As we see it my Aunt's are not concerned about the amount of time it takes due to the fact that they are using money out of the bank account to cover their own expenses.

The beneficiaries have no say. The executors are the only ones with the power to decide what to do with the rights of the estate. If they make a decision without proper advice, they may be in breach of their fiduciary duties--especially if there is only a self-serving reason for doing so.

3)My Aunt's are not giving us any information. They have fired the estate lawyer and hired a new one. I have no idea who the new one is. Shouldn't we be informed of this information?
I am sorry this is so long. I am not in this for the money as I plan to give it to my children anyway, that would have been what my mom wanted me to do. However, I know that my Uncle's, sister and cousin could really use the money and just want this to get settles. I am not sure if it matters but her estate if they took the settlement from the insurance is going to be around 240K. If my aunt's keep out of the bank account. Any advice would be a great help. Thank you for your time.

You don't have a right to know the attorney. You are not the attorney's client.

If you are concerned, see an attorney. Fiduciaries sober up when they know their actions are being overseen by an attorney not their own.

Stupid edit:
Forget all of my above. For some reason I read Georgia and not Florida.

Thank you TheGeekess edit:
Forget the Stupid edit.

 

[latigo]

What is the name of your state (only U.S. law)? Florida
My grandmother passed away in October 2012. When she passed away she has no will that has been found by anyone so family is proceeding as if there was no will. My grandmother has 6 children 2 of which had passed away a few years ago(1 was my mother and other was 1 of my uncles). From what I have been told my mother's part of the estate is to be split with me and my sister and the same for my uncle's share with his children.
Here are the issues,
1) The executor ( my Aunt) is currently living in my grandmother's home, she was living there before my grandmother passed away. My grandmother was not living there when she passed. My Aunt was covering all the bills on her own before grandma passed away but since she has been paying for everything out of the estate. Is that legal? Also she is driving 1 of my grandmother's cars and another Aunt is driving the other one. Can they legally drive the cars around until the estate is settled? What happens if they wreak one of the cars?
2) My grandmother died in a car accident in which her boyfriend was driving. His insurance company has offered to settle. Most of us agree to just settle it and move forward. However, my 2 aunts (co-executors) want to sue this 78 year old man. I totally am against this idea as are my sister, cousins and my 2 uncles. It was a accident. Nothing more and had my grandmother had her seat belt on most likely she would have survived. Can they sue this old gentleman without us agreeing to it? It is just going to drag out the settling of the estate. As we see it my Aunt's are not concerned about the amount of time it takes due to the fact that they are using money out of the bank account to cover their own expenses.
3)My Aunt's are not giving us any information. They have fired the estate lawyer and hired a new one. I have no idea who the new one is. Shouldn't we be informed of this information?
I am sorry this is so long. I am not in this for the money as I plan to give it to my children anyway, that would have been what my mom wanted me to do. However, I know that my Uncle's, sister and cousin could really use the money and just want this to get settles. I am not sure if it matters but her estate if they took the settlement from the insurance is going to be around 240K. If my aunt's keep out of the bank account. Any advice would be a great help. Thank you for your time.

Please understand that you are not going to receive any meaningful assistant in dealing with this complicated issue by browsing the Internet!

For instance you are much confused with regard to you and your sister’s entitlements.

To begin, the distribution of any settlement or award of judgment for the death of your grandmother to which you and your sister may be entitled WILL NOT be disbursed to you as the surviving representatives of your deceased mother.

The laws of intestate distribution have nothing whatsoever to do with the parties and beneficiaries under the Florida Wrongful Death Act (See: Florida Statutes Sections 768.16-768.26) Nor would her last will and testament obtain, should one surface.

Although the tort action for wrongful death must be brought by the personal representative of grandma’s estate (F. S. 768.20), the only portion of any such settlement or award that becomes an asset of the estate – and thus subject to distribution through probate - is that which would be earmarked as compensation for expenses incurred as a direct result of the accident.

The balance of any such settlement or award, subject to approval by the probate court (F. S. 768.25) would be payable by the personal representative to grandma’s surviving kin as their respective interests appear and as they are defined in the Florida law. But not as an intestate distribution or by any last will and testament.

And again let me remind you that these issues are far too complicated for you or any layperson to understand without the aid of an attorney.

So, you can either sit and wait or you can hire a Florida lawyer to look after your interests, monitor and possibly correct these questionable activities of the personal representative and perhaps have her removed from office.

 

[TheGeekess]

Please understand that you are not going to receive any meaningful assistant in dealing with this complicated issue by browsing the Internet!

For instance you are much confused with regard to you and your sister’s entitlements.

To begin, the distribution of any settlement or award of judgment for the death of your grandmother to which you and your sister may be entitled WILL NOT be disbursed to you as the surviving representatives of your deceased mother.

The laws of intestate distribution have nothing whatsoever to do with the parties and beneficiaries under the Florida Wrongful Death Act (See: Florida Statutes Sections 768.16-768.26) Nor would her last will and testament obtain, should one surface.

Although the tort action for wrongful death must be brought by the personal representative of grandma’s estate (F. S. 768.20), the only portion of any such settlement or award that becomes an asset of the estate – and thus subject to distribution through probate - is that which would be earmarked as compensation for expenses incurred as a direct result of the accident.

The balance of any such settlement or award, subject to approval by the probate court (F. S. 768.25) would be payable by the personal representative to grandma’s surviving kin as their respective interests appear and as they are defined in the Florida law. But not as an intestate distribution or by any last will and testament.

And again let me remind you that these issues are far too complicated for you or any layperson to understand without the aid of an attorney.

So, you can either sit and wait or you can hire a Florida lawyer to look after your interests, monitor and possibly correct these questionable activities of the personal representative and perhaps have her removed from office.

OP lives in Florida. Grandma lived in GEORGIA.

 

[latigo]

OP lives in Florida. Grandma lived in GEORGIA.

Details, details …..

Anyway, wherever you see FL think GA.

For the wrongful death laws try OCGA Sec. 51-4-1 et seq.

But the OP ain’t going to understand them laws either.