question about executor responsibilities

[csp562]

What is the name of your state? GA
My great aunt died this past week. A gentleman friend has stated to the family that he is the executor of her will and estate. We live in a different states and have not yet gone to Georgia, she was cremated and placed in a mausaleum(?) in Florida. Her two surviving relatives, sisters, have asked for a copy of her will. He stated that the will must be probated in the county of her death before he can legally give a copy to anyone. He will give no information about her estate or will. This man is not a family member. As executor he should be aware of her finances, I would think. He states he knows nothing about her finances. I did not ask, he just offered this info. to me. I guess my main question is, should we see proof of his claim as executor or should we just believe with no proof until he presents a will? I think this sounds absurb, but I honestly do not know the law.

 

[seniorjudge]

What is the name of your state? GA
My great aunt died this past week. A gentleman friend has stated to the family that he is the executor of her will and estate. We live in a different states and have not yet gone to Georgia, she was cremated and placed in a mausaleum(?) in Florida. Her two surviving relatives, sisters, have asked for a copy of her will. He stated that the will must be probated in the county of her death before he can legally give a copy to anyone. He will give no information about her estate or will. This man is not a family member. As executor he should be aware of her finances, I would think. He states he knows nothing about her finances. I did not ask, he just offered this info. to me. I guess my main question is, should we see proof of his claim as executor or should we just believe with no proof until he presents a will? I think this sounds absurb, but I honestly do not know the law.

No one knows what he will or will not do.

I suggest that a family member petition the probate court in the county of her residence to open an estate and subpoena this guy and ask him if he knows anything about a will.

Hire a probate lawyer.

 

[csp562]

question about executor

again, could this person give a copy of the will to survivors before he files with the probate court? should we contact the court in county of death and ask if will has been filed?

 

[seniorjudge]

again, could this person give a copy of the will to survivors before he files with the probate court? should we contact the court in county of death and ask if will has been filed?

Yes and yes.

 

[Dandy Don]

He COULD give a copy to the family members if he wanted to, but he doesn't want to do that because he feels guilty that you all may have been left out of the will or doesn't really want you all to know all of the facts about the estate. Yes, you should check with the courthouse to see if it is filed--if there you can get a copy. Normally the will is filed within 30 days after the death, but if it is not filed within that time, as you have been advised, get your attorney working on this if he seems to be deliberately stalling by withholding the will from the court.

How long was this gentleman friend acquainted with the decedent?

 

[csp562]

executor info.

Thanks for the reply, looks as if we'll be taking a trip to GA. this week.
Liked your signature quote, one of my favorites. Must have read Confederacy of Dunces, great book.

 

[csp562]

executor info.

Gentleman is son of deceased friend, 40 years her junior. We really don't care if we get anything. That is not the point. He seems to be very short on the phone and has not offered to show us anything. He says he can only show the will after if has been delivered and filed to the probate court. He said today it could be 4 to 6 weeks before we saw it. I find this very hard to believe. Two living relatives are sisters of deceased, should they be, whether beneficiaries or not, presented with her will? I think so. Again, I do not know the law in Georgia so I can't say. Also it has been said by her landscaper that someone was hauling things from the house. We live in another state so it is hard to know what is going on. I guess we need to get up there and see for ourselves. I don't believe anyone has the authority to remove anything from her house.

 

[seniorjudge]

Thanks for the reply, looks as if we'll be taking a trip to GA. this week.
Liked your signature quote, one of my favorites. Must have read Confederacy of Dunces, great book.

You are very perceptive....

 

[spitfire007]

Learn the hard way

What is the name of your state? GA
My great aunt died this past week. A gentleman friend has stated to the family that he is the executor of her will and estate. We live in a different states and have not yet gone to Georgia, she was cremated and placed in a mausaleum(?) in Florida. Her two surviving relatives, sisters, have asked for a copy of her will. He stated that the will must be probated in the county of her death before he can legally give a copy to anyone. He will give no information about her estate or will. This man is not a family member. As executor he should be aware of her finances, I would think. He states he knows nothing about her finances. I did not ask, he just offered this info. to me. I guess my main question is, should we see proof of his claim as executor or should we just believe with no proof until he presents a will? I think this sounds absurb, but I honestly do not know the law.

When my parents passed and left my son the Admin of the estate we did see papers and he showed these to the probate court and we all ( the heirs) where there with him. YES make him show proof and some one needs to get to Ga and find out what is going on.

 

[lwpat]

Since this person is not a relative you can expect any valuables to disappear. Actually you could probably expect that even if he was a relative. Someone needs to hire an attorney and take possession of the house immediately. You may have already waited too long.