Georgia Estate Help Please

[BearDown]

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

My father died in 2009.

Will entry states:

I give, devise and bequeath all the rest and remainder of my estate of every nature and description, tangible and intangible, real and personal, to my wife, (name), to manage for the benefit of my three children, 1, 2, and 3. If one or more of them should predecease me, then I direct that his share go to his children, if any, and to his remaining siblings if has no children. I give my wife complete authority to distribute to my children from my estate as she deems fair and equitable. Should either of the children challenge my will, I direct that he will not receive anything derived from the assets of my estate.

2011, my stepmom died intestate and did not distribute anything to my brothers nor I.

Her older brother moved into her house, spread some of the property around his family and then he died 04/13 with a will leaving my dad's stuff to his niece (who is also the executor of his will). The total estate of the three decedents is around $3M (Uncle was worth about $25k).

I received a disclaimer from the attorney handling the estate of my step-uncle. I do not want to sign it. I am not able to afford an attorney. I believe my father's estate is solvent and worth about $500k.

Any advice would be appreciated.

Thanks in advance.

 

[curb1]

Did any of these estates/deaths go through probate?

This isn't looking good.

 

[BearDown]

they are all open cases in the Probate court. To make matters worse, the judge was a regular attender of dinner parties at my Stepmom's house. I have filed an objection in the matter of the petition for discharge of my dad's estate, but I was told by the clerk in the courthouse not to expect a response.

 

[curb1]

First problem (as you probably realize) is that step mom had control and ownership of assets for "three children".

Second major problem was "died intestate". Really poor family estate planning.

What has your father's attorney said about this? What has your attorney said about this?

 

[anteater]

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

My father died in 2009.

Will entry states:

I give, devise and bequeath all the rest and remainder of my estate of every nature and description, tangible and intangible, real and personal, to my wife, (name), to manage for the benefit of my three children, 1, 2, and 3. If one or more of them should predecease me, then I direct that his share go to his children, if any, and to his remaining siblings if has no children. I give my wife complete authority to distribute to my children from my estate as she deems fair and equitable. Should either of the children challenge my will, I direct that he will not receive anything derived from the assets of my estate.

And... Were there other provisions in the will that dealt with distribution of specific assets?

You really cannot afford not to retain an attorney. Who is the executor/personal representative of your father's probate estate? How about your siblings and/or their descendants? They don't care?

 

[BearDown]

And... Were there other provisions in the will that dealt with distribution of specific assets?

You really cannot afford not to retain an attorney. Who is the executor/personal representative of your father's probate estate? How about your siblings and/or their descendants? They don't care?

My dad's executor was his wife. In the will it left specific items to his wife like bank accounts, properties (17 properties total, but not all were specifically named, which is the remainder). The will was filed, but it was not ever probated. The judge says the estate is closed, but the county clerks states that it is still open.

I have 2 brothers, one has retained counsel (his bosses daughter is representing him pro-bono after hearing about this mess, he has an IQ of about 70) and I am assuming that whatever the court decides on his case would be equal for all three of us...but I might be wrong on that accord. All three of us are estranged, long story but there is 0 communication. We are not book smart and all have incomes of less than $20k/yr. I am a disabled vet, I can not work due to my health.

Stepmom did have poor planning because she never wanted to acknowledge that death was a possibility. So...her role as executor passed onto her brother, who then died and his niece is now representing all 3 estates (or at least trying to discharge my dad's and stepmom's).

My dad's attorney says that the wording in the will about his children was just a "feel good" statement but ultimately his wife (stepmom) got the final say. Since she did nothing...we get nothing. That lawyer advised that he was not willing to take us as clients (even if we could afford it). The other 5 lawyers in town also advised that they would not represent us either (they wouldn't even do a consultation).

Stepmom had no biological children. Uncle had no biological children. The niece was next in line according to the Georgia statute. As soon as the uncle died, the main house was raided by the niece and her family and 100s of items were removed. There has never been an inventory or accounting of ANY of the estate.

I asked the court if I could represent myself pro-se, the judge said no...I needed counsel. It's a very small community and my folks were very large players in the political scene.

I have a library card and an internet connection but I have no idea of even where to start.

Thanks for your time.

 

[curb1]

The thing you might do is find out how all of the properties are titled. That won't cost you anything. If all of the properties were titled with step mom after your father's death it wouldn't look good.

I can't see how you are going to get anything out of this, but maybe someone here has an idea.

 

[BearDown]

The thing you might do is find out how all of the properties are titled. That won't cost you anything. If all of the properties were titled with step mom after your father's death it wouldn't look good.

I can't see how you are going to get anything out of this, but maybe someone here has an idea.

Thanks for the response. I wish it was different and I'm sure this was not my father's intent, but oh well. I will ask for some of the family heirlooms, maybe even buy them back.

 

[anteater]

I have 2 brothers, one has retained counsel (his bosses daughter is representing him pro-bono after hearing about this mess, he has an IQ of about 70) and I am assuming that whatever the court decides on his case would be equal for all three of us...but I might be wrong on that accord. All three of us are estranged, long story but there is 0 communication. We are not book smart and all have incomes of less than $20k/yr. I am a disabled vet, I can not work due to my health.

Perhaps it is time to try to arrange a temporary truce since the 3 of you would seem to have a common interest.

Don't assume that whatever your brother's attorney is doing would apply to you. She does not represent you. Any chance that you could contact her directly? Nothing to lose in doing that.

My dad's attorney says that the wording in the will about his children was just a "feel good" statement but ultimately his wife (stepmom) got the final say. Since she did nothing...we get nothing. That lawyer advised that he was not willing to take us as clients (even if we could afford it). The other 5 lawyers in town also advised that they would not represent us either (they wouldn't even do a consultation).

If you are correct that there is a decent amount at stake, I am somewhat surprised that no attorney would take a crack at it. Just my opinion... But I think that the provision you quoted provides a good argument for the establishment of a trust for your and your siblings' benefit. That stepmom did nothing isn't relevant - particularly since your father's probate estate apparently has not been closed.

 

[FlyingRon]

Unfortunately, it really doesn't look good. The will was poorly constructed. Despite what you see in the movies, most post-bequest conditions are not enforceable. The terms "I leave to my wife" pretty much is enforceable and the rest may not be.

If he had said "I leave to my three children" and names the wife as the trustee for this, it would have been a different matter.

 

[anteater]

Unfortunately, it really doesn't look good. The will was poorly constructed. Despite what you see in the movies, most post-bequest conditions are not enforceable. The terms "I leave to my wife" pretty much is enforceable and the rest may not be.

If he had said "I leave to my three children" and names the wife as the trustee for this, it would have been a different matter.

Indeed, it is terribly written.

But determining intent plays a large part in interpreting a poorly-constructed provision. Taking that provision as a whole... Well... I'd be willing to take a shot at it.

Although... If father's attorney (Feel Good, Esq.) wrote it and were to testify that father's intent was not to create some sort of trust for his children, that would not be a good thing.

 

[BearDown]

Indeed, it is terribly written.

But determining intent plays a large part in interpreting a poorly-constructed provision. Taking that provision as a whole... Well... I'd be willing to take a shot at it.

Although... If father's attorney (Feel Good, Esq.) wrote it and were to testify that father's intent was not to create some sort of trust for his children, that would not be a good thing.

That's one of those things...Dad and Stepmom had the same attorney. My father had some integrity, I doubt he ever wanted someone he's never met to drive his boat, ride his 4-wheelers, and shoot his daddy's guns (my grandpa). The stepmom is probably laughing at the mess she left. She was a financial genius and did very well. I'm not interested in her things. I think she did not have a will because then she did not have to make a choice...or in a sick twisted way, her choice was the same as the statutes in Georgia.

I also assumed that the wording I quoted created a trust. What sent a red flag was that the cousin offered each of us boys $7k to sign the document. That made me think that the wording had more merit than what we are being told.

 

[OHRoadwarrior]

You have multiple problems. The property was clearly given to mom. Mom did not decide to give the three of you anything. The will made it clear if you challenge moms inheritance, you lose all claim. The 21k sounds like an offer to avoid cloudy title and lawyer fees. I would negotiate for 25k each on the basis of fairness and take what you get and run.

 

[anteater]

The property was clearly given to mom.

"Clearly?"

What about...

...to manage for the benefit of my three children...

 

[TrustUser]

gosh, if anything is clear, it was given to the 3 kids.

that is very similar to the wording of a trust.

where you give to the trustee for him to manage for the BENEFIT of the beneficiaries.

i cant imagine any judge stupid enough to read what was given to us, and interpret it to mean it was for the wife to do as she liked.