Is probate mandatory?

[bootsy1998]

undefinedWhat is the name of your state?undefinedGeorgia
This is my issue, My grandmom died this June and left a will, which states that her home be willed to her two daughters, one in which is my mom. My mother has lived with my grandmom all of her life and subsequently took care of her until her death, in which the court appointed her legal guardian of my grandmom. As a duty of a guardian, my mom had to pay on a bond, yearly, for her home, her only asset and an annual inventory. Well, in my grandmom's will it explicitly states that her will should be carried out WITHOUT the courts involvement whatsoever. This will was drawn up in 1971 in an attorney's office. But when I called the court to notify them of my grandmom's death and to have my mom relieved of guardianship, they said they couldn't until the will is probated??? Oh, my mom is the executrix as well, if her will states no court intervention, then why cant she be relieved from guardianship without probating this?? We dont have any money to secure a lawyer, so any help would be greatly appreciated

 

[BlondiePB]

undefinedWhat is the name of your state?undefinedGeorgia
This is my issue, My grandmom died this June and left a will, which states that her home be willed to her two daughters, one in which is my mom. My mother has lived with my grandmom all of her life and subsequently took care of her until her death, in which the court appointed her legal guardian of my grandmom. As a duty of a guardian, my mom had to pay on a bond, yearly, for her home, her only asset and an annual inventory. Well, in my grandmom's will it explicitly states that her will should be carried out WITHOUT the courts involvement whatsoever. This will was drawn up in 1971 in an attorney's office. But when I called the court to notify them of my grandmom's death and to have my mom relieved of guardianship, they said they couldn't until the will is probated??? Oh, my mom is the executrix as well, if her will states no court intervention, then why cant she be relieved from guardianship without probating this?? We dont have any money to secure a lawyer, so any help would be greatly appreciated

You have absolutely NO issue here and are barking up the wrong tree. You cannot discharge your mother from the guardianship. A deed to a home cannot be transferred to the rightful heirs or that home be sold WITHOUT going through probate. Just who the hell do you think you are trying to intervene where you have absolutely no say-so. It's up to the court, NOT you. You have absolutely NO idea what your mother has to do, by law, according to the court.

 

[bootsy1998]

Ms Blondie

Blondie,

Apparently you did not read my post with any understanding whatsoever! ALL I wanted to know is, and I feel by responding to your abnoxious reply I am crazy, BUT.... I wanted to know since my grandmother's will wanted this done outside of court, did we have to!!!! And as far as intervening...what are u talking about, I am working with my mother on this!!! Maybe I should have said, that she wanted to be discharged from the guardianship!!! This is my first post her and if your rudeness is representative of what is here, I am gone. there was no reason for the nastiness

 

[BlondiePB]

Maybe I should have said, that she wanted to be discharged from the guardianship!!!

Well, maybe you SHOULD have stated that in your post. By the way your post was worded, YOU were interferring with the legal duties and responsiblilities of a guardian. Futhermore, if your mother does not know what her legal duties and responsiblities are to the court, you BOTH are clueless to be handling this WITHOUT the assistance of an attorney who will be paid from the estate. There are specific statutes regarding the discharge of a guardian that MUST be followed.

This is my first post her and if your rudeness is representative of what is here, I am gone. there was no reason for the nastiness

When someone interferes where they have NO business to interfere, you better believe it you will get blasted on this forum. You think that was rude and nasty? You're lucky one of the attorneys did not respond to your initial post. They make me look like a lamb. When you air your issues on an open internet forum, you leave yourself open to anything. Don't worry about not coming back, you won't be missed.

 

[bootsy1998]

You know what? Regardless of how YOU perceived it, you are and were rude, whether you want to acknowledge that who cares. And furthermore as I stated in my original post, if I had the money or shall I say WE had the money we would not be here. Excuse me.. I thought this site was here to get advice??? Keep your advice to yourself you crab

 

[BlondiePB]

You know what? Regardless of how YOU perceived it, you are and were rude, whether you want to acknowledge that who cares. And furthermore as I stated in my original post, if I had the money or shall I say WE had the money we would not be here. Excuse me.. I thought this site was here to get advice??? Keep your advice to yourself you crab

You know what? As IAAL would say "you are a dufus and there must be a trailer somewhere in this story." Due to the fact that YOU omitted an EXTREMELY important piece of information, you are one of the rare persons here that has experienced my wrath. We aren't mind readers here, so you got exactly what you deserved.

Not coming back?? That's what all the imbeciles say, but cannot resist doing. You came back, dufus and will again.