HELP! Can she legally steal this property?

[Worried!]

What is the name of your state? Georgia

My grandma passed away in September of 2000. My mom (her youngest daughter) was appointed Executrix of grandma's estate. At the time of grandma's death, her checking account was only in her name. Mom put grandma's checking account into her and my name jointly in early 2001. In late 2005, mom took $50,000 out of the checking account and put it into a CD in her name. Grandma had three daughters. In her Will, she gave her middle daughter 6.192 acres of property, but the Will reads: "This bequeath is only a life estate to her and at her death the property shall revert to her sisters, share and share alike. However, she shall have the right to sell the property to her two sisters." In late 2006, my mom transferred the CD to her sister in exchange for the 6.192 acres. The lawyer that handled it said that the transaction was fine, as long as the money was in mom's name (and not still in my grandma's estate) when mom transferred it to her sister, and that was the case. When the oldest sister found out about the transaction, she got extremely upset and said that it was illegal for my mom to have done that exchange and claimed that her name should have been included along with my mom's name on the Deed for the 6.192 acres of property because grandma's Will states "she (the middle sister) shall have the right to sell the property to her TWO sisters." My mom committed suicide after that. Right before our probate court hearing to determine who would become the new Administrator over my grandma's estate a couple of months ago, they gave us the opportunity to work things out between ourselves. We (me, my brother and dad) offered mom's oldest sister to buy the acreage that she wanted, but she told us that she didn't have to buy it; that she could take half of the 6.192 acre tract for free. The oldest sister was then named Administrator over my grandma's estate at the probate court hearing.

My questions are: Did mom do anything illegal, not realizing it? Can my aunt legally take half of that 6.192 acre tract of land without having to pay a dime for it, like she claims she can?

Having some answers would greatly ease my mind! Thanks!

 

[moburkes]

How did, AFTER the death of your grandmother, your mom accomplish that?

 

[Worried!]

We don't know, and we don't know how to find out. I have asked the Bank, but they haven't given me any answers yet. Any advice?

 

[nextwife]

Sounds like nobody had a clue.

Executor files the will, pays the creditor, then disburses the estate assets in accordance with the will. Any further negotiations between parties happens AFTER the transfers out of the estate to the individuals.


Who was the checking account/cash assets left to? Sounds like mom may have detoured that checking money from the estate.

 

[anteater]

Sounds like nobody had a clue.

Executor files the will, pays the creditor, then disburses the estate assets in accordance with the will. Any further negotiations between parties happens AFTER the transfers out of the estate to the individuals.

Who was the checking account/cash assets left to? Sounds like mom may have detoured that checking money from the estate.

And it is now almost 7 years since grandmother's death. This should prove lucrative for several attorneys.

 

[xylene]

over 50,000 dollard languished in a checking acount for that long

What a terrible waste.

 

[Worried!]

Grandma's Will reads:

Bequest of Remainder of Estate
I give, bequeath and devise, to my daughter (my mom) all the rest, residue and remainder of my property, both real and personal, in fee simple.

Does that mean that grandma gave all of her money to mom?

 

[nextwife]

Grandma's Will reads:

Bequest of Remainder of Estate
I give, bequeath and devise, to my daughter (my mom) all the rest, residue and remainder of my property, both real and personal, in fee simple.

Does that mean that grandma gave all of her money to mom?

There is obviously more to the will, BEFORE this statement, the will has other language.

 

[Worried!]

Grandma's Will is only 2 pages long. It says:

I [my grandma] a resident of Union County, Georgia, being of sound and disposing mind and memory, do make this my last will and testament, hereby revoking and annulling all other wills and codicils heretofore made by me.

1. Burial
I desire and direct that my body be buried in the regular manner, suitable to my circumstances and condition in life, and a suitable memorial erected, the cost of my burial and the memorial to be paid out of my estate.

2. Payment of Debts
I desire and direct that all my just debts be paid without unnessessary delay, by my executrix hereinafter named and appointed.

3. Real Estate
I give, bequeath and devise the real property located in Union County, Georgia, as follows:

(a) I give, bequeath and devise to [oldest daughter], in fee simple, that portion of real estate on Highway 325 joining Bethlehem Church property and McClure line; thence down the big creek to pasture fence to the road on new cemetery property; thence to old road on west side of property.
(b) I give, bequeath and devise to [youngest daughter -- my mom], in fee simple, the rest, residue and remainder of that property located southwest of Bethlehem, being the remainder of the property of the 18 acre tract not given to [oldest daughter]. Also devised to [youngest daughter -- my mom] is Tract 4 located between Bethlehem Church Road and Fleenor Road.
(c) I give, bequeath and devise to [middle daughter] that portion of Tract 3 located east of Fleenor Road, less and except what I have deeded to granddaughter [me]. This bequeath is only a life estate to her and at her death the property shall revert to her two sisters, share and share alike. However, she shall have the right to sell the property to her two sisters.

4. Bequest of Remainder of Estate
I give, bequeath and devise, to my daughter [my mom] all the rest, residue and remainder of my property, both real and personal, in fee simple.

5. Appointment of Executrix
I hereby constitute and appoint my daughter [my mom], the sole executrix of this my last will and testament, and I expressly confer upon her power, as such, to administer my estate, excusing her from giving any bond, or making any returns to the judge of the probate court, and I expressly confer upon her the full authority and power to sell any part of my estate not hereinbefore specially devised, at public or private sale, with or without notice, as she may deem best, and without any order of court, making good and sufficient conveyances to the purchaser and holding the proceeds of the said sale to the same uses and trusts as hereinbefore declared in the several items of this my will. I further hereby expressly confer upon her the authority and power to borrow money for the use of my said estate, in any instance where she may think it necessary and proper, and to secure the same by lien, mortgage, security deed, or trust deed, or other form of security to or upon any part of my estate, not hereinbefore specifically devised; this she may do without the order of any court.

And that's it. What do you make of that?

 

[anteater]

4. Bequest of Remainder of Estate
I give, bequeath and devise, to my daughter [my mom] all the rest, residue and remainder of my property, both real and personal, in fee simple.

In general terms, that means that, after all costs of administering the estate are taken care of, all creditors are paid, all income, estate, and/or inheritance taxes are taken care of, and all the specific bequests in the will are fulfilled, your mom receives whatever of grandma's proprety remains. Your mom transferring ownership of the grandma's checking account to herself while probate was (is?) still open may or may not be problematic. But it was not the most prudent thing to do.

(c) I give, bequeath and devise to [middle daughter] that portion of Tract 3 located east of Fleenor Road, less and except what I have deeded to granddaughter [me]. This bequeath is only a life estate to her and at her death the property shall revert to her two sisters, share and share alike. However, she shall have the right to sell the property to her two sisters.

Immediately prior to mom's transaction with middle daughter, how was this property titled?

 

[Worried!]

The property ("Tract 3" -- which consists of the 6.192 acres) was in my grandma's name at the time of her death in 2000. In late 2006, the property was then deeded from "[my mom], as Executor of the Last Will and Testament of [my grandma]" to grandma's middle daughter. Then they turned right around and the middle daughter deeded the property to my mom. Mom had an attorney handle it all, and they were told that everything was handled properly, and that everything was legal. Was it? Is there any way that grandma's oldest daughter can legally take half of that 6.192 acres without having to pay for it?

 

[anteater]

The property ("Tract 3" -- which consists of the 6.192 acres) was in my grandma's name at the time of her death in 2000. In late 2006, the property was then deeded from "[my mom], as Executor of the Last Will and Testament of [my grandma]" to grandma's middle daughter. Then they turned right around and the middle daughter deeded the property to my mom. Mom had an attorney handle it all, and they were told that everything was handled properly, and that everything was legal. Was it? Is there any way that grandma's oldest daughter can legally take half of that 6.192 acres without having to pay for it?

I am certainly open to being told that I am incorrect....

But I find that subsection (c) to be very confusing. It seems to clearly state that the middle daughter is to receive a life estate only in the property with the two other sisters as remaindermen. That would give middle daughter the right to use the property during her lifetime, but not ownership. Then, subsection (c) immediately says that the middle daughter can sell the property. She could sell her life estate, but how could she sell something that she does not own?

My opinion would be that the older daughter's interests were stomped on. That the only thing that your mom could buy was middle daughter's life estate - use of the property during middle daughter's lifetime. And that older daughter should still have a one-half remainder interest in the property.

 

[Worried!]

New information: I contacted the bank again this morning and asked them how my mom was able to put grandma's checking account into her name after grandma died in 2000. They told me that the checking account was in both grandma's and my mom's names jointly since 1985. So that was good news.

I understand about the life estate, and agree that the Will is extremely confusing.

The way I see it, grandma's oldest daughter should do one of two things: 1) pay the middle daughter another $50,000 to pay for her half, or 2) reimburse my mom's estate for $25,000. Could this happen?

What does all of this mean for us now?

 

[anteater]

...
I understand about the life estate, and agree that the Will is extremely confusing.

The way I see it, grandma's oldest daughter should do one of two things: 1) pay the middle daughter another $50,000 to pay for her half, or 2) reimburse my mom's estate for $25,000. Could this happen?

What does all of this mean for us now?

If you understand the life estate and accept that as the proper interpretation of the will, then the only thing that middle sister had to sell was her life estate. Why should the oldest daughter pay anybody anything?

In any event, all this will be hashed out in court and several lawyers will find it lucrative.

 

[Worried!]

OK, so maybe I don't completely understand about the life estate after all. This whole mess is very confusing.

At this point, the deed to the 6.192 acres of property is in my mom's name. Is that deed invalid because my mom couldn't legally buy the property from the middle daughter? I don't understand how when my mom purchased the property from the middle daughter, it wouldn't have been the same as purchasing the life estate. The only thing in the life estate was the property. Is the property still considered to be in the middle daughter's life estate then? If the middle daughter couldn't legally sell the property, then does she have to give the money that my mom paid her for the property back to my mom's estate?