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Residue of Estate in Georgia

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mister4475

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

My sister was named as Executor of my mother's estate with everything to be divided equally with me. She wants to probate the will to sell the home. I refuse to sign to have the will probated. Can she still sell the home? Do I have to sign to have the will probated? What happens if she sells the home against my wishes?
 


latigo

Senior Member
I don’t think you meant to infer that the executor named in the will needs your written approval before the will can be submitted for probate. And if you did, that is incorrect.

The only way you could protest the admission of mother’s to probate is if you have legal grounds to challenge it as a valid last will and testament.

But why would you object to having the home sold as long as it is sold at fair market value? The last thing you should wish for is for you and your sister to end up owning it as cotenants. That is unless you want this sibling squabbling to continue indefinitely!

You need to pay a visit with an attorney.
 

nextwife

Senior Member
And does her estate have creditors who are legally entitled to be paid? Are there other assets available with which to pay estate expenses? Is there a mortgage? If so, is it being paid? Do you wish to buy out sis's interest in the home? Are property taxes due?

If you wish the house, why not ask for a Right of First Refusal and offer to match the best offer and use that figure to buy out sis and take the house out of the estate, and at the same time, pay off the creditors off the top first?
 

curb1

Senior Member
Why don't you want the will probated? Do you want to sell the house? Do you want to share the house with sister?

You asked, "Do I have to sign to have the will probated?". The answer is "no".
 

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