probate question

[srobin]

What is the name of your state?What is the name of your state?What is the name of your state?Georgia
My mother's husband (my step-father) who had 2 children, a daughter and a son, passed away several months ago and the will has been in probate because when he initially made it his son was living, but has since passed away and step-father didn't have a new will drawn up, just drew a line through his son's name. Now the daughter is executor of his estate. My mother has no idea what my step-father had, can only go by a few old statements from various banks pertaining to CDs, etc. Step-father, shortly before his death, boxed up what I assume were all the important papers and explanations of his belongings, and instructed my mother to give it to daughter if and when he died. In the will step-father instructed his estate be divided between my mother, daughter and son. Son's portion will now go to his 3 children. Several CDs were in Step-father's OR daughter's name. Do those CDs have to be included in the estate that is to be divided equally? And how will we know that everything step-father had will be divulged and included? Does the house they lived in also belong to my mother, so that if and when it is sold she will get a third of that, or if they decide to keep it in the family do they have to give her what would be her third? She's planning on staying in the house as long as they will let her, she says. How is the dividing of the estate supposed to be handled? Does an attorney have to handle that? My mother to my knowledge has not received anything from the court letting her know that the probate is done and what she will inherit. Please help, we are very confused!

 

[GaAtty]

GaAtty

What a mess. Your mother should have challenged the probate of the will if a line was drawn through the son's name. It is possible that she still can. Was she mentioned in the will? If the daughter is the executor, then the will must have been filed. If it was filed the mother should go look at it. If she was mentioned at all in the will, then the daughter had to have her served with a copy of the will and notice that she was going to probate the will before she probated it. If she did not serve your mother, then your mother should challenge her as executor since she didn't notify your mom. This will probably require a lawyer. Then the lawyer can also require the daughter to show what assets the father had, etc. You don't say whose name the house was in. If it was in the mother's name, it still belongs to her. If it was in the father's name, then it goes to whomever he named in the will.

 

[srobin]

Reply to attorney

Thank you for your reply.My mother is 69 and is in the beginning stages of alzheimers, and will agree to anything stepdaughter says. That's how she (step-daughter) became executor, my mother couldn't handle it. Will was in probate, now 4 weeks are up. My daughter saw the will while it was being probated, and in it stepfather said he wanted his estate divided equally between my mother, his daughter and son. Since son is dead, his share is going to his 3 children. Now to make matters worse, my mother has decided to make step-daughter her power-of-attorney. Can that be a conflict of interest? She says she decided to do that because all of the estate was her husbands, and she thinks step-daughter should handle everything. She has changed her mind several times, the other day she said she wanted me to be the POA, now it's the stepdaughter again. Should I have her examined by a doctor, because if she is mentally incapable of making intelligent decisions should she even be able to make anyone her POA? What about CDS that were in step-father's and step-daughter's names? Should all those be included in the estate that is divided equally between his heirs? Does the executor have to provide a list of ALL of the assets of the deceased? How do we know that she has done that? Especially if she is my mother's POA, we may never know! That is my main concern. And the fact that me, being Mother's only blood child, should rightfully be her POA, not step-daughter. Can I have that revoked if it is proven that Mother could not rationally make that decision? Thanks.

 

[BlondiePB]

Thank you for your reply.My mother is 69 and is in the beginning stages of alzheimers, and will agree to anything stepdaughter says. That's how she (step-daughter) became executor, my mother couldn't handle it. Will was in probate, now 4 weeks are up. My daughter saw the will while it was being probated, and in it stepfather said he wanted his estate divided equally between my mother, his daughter and son. Since son is dead, his share is going to his 3 children. Now to make matters worse, my mother has decided to make step-daughter her power-of-attorney. Can that be a conflict of interest? She says she decided to do that because all of the estate was her husbands, and she thinks step-daughter should handle everything. She has changed her mind several times, the other day she said she wanted me to be the POA, now it's the stepdaughter again. Should I have her examined by a doctor, because if she is mentally incapable of making intelligent decisions should she even be able to make anyone her POA? What about CDS that were in step-father's and step-daughter's names? Should all those be included in the estate that is divided equally between his heirs? Does the executor have to provide a list of ALL of the assets of the deceased? How do we know that she has done that? Especially if she is my mother's POA, we may never know! That is my main concern. And the fact that me, being Mother's only blood child, should rightfully be her POA, not step-daughter. Can I have that revoked if it is proven that Mother could not rationally make that decision? Thanks.

Due to your mother's dementia, your mother cannot sign a valid POA. Tomorrow morning, find a Probate Attorney that also specializes in guardianships and petition/file to be your mother's guardian. As your mother's guardian, you will have the legal authorization to represent her in all probate matters concerning her deceased spouse. Also have your attorney review the will. Since your step-dad crossed out things rather than have the will properly changed, you, as your mother's guardian, can contest the appointment of executor. Guardian's can be the executor of an estate. These are two different functions, with different powers and duties, but not unheard of.

 

[srobin]

Legal Guardian

Does the process of making myself my mother's legal guardian involve her being examined by a doctor? If it does, I want to try to find a way to do that without upsetting her or causing problems between us. She is dead-set on my step-sister being her POA, which I totally disagree with. Thank you for your response.

 

[BlondiePB]

Does the process of making myself my mother's legal guardian involve her being examined by a doctor?

Yes. There will be a court ordered examination committee.

If it does, I want to try to find a way to do that without upsetting her or causing problems between us. She is dead-set on my step-sister being her POA, which I totally disagree with.

There is no other way. Do the right thing and get it done. Worry about the fall out later. Lots of love and understanding will help you repair your relationship with mom. You are protecting her.

Thank you for your response.

You are very welcome.