You need to probate the estate as called for in the will. The lawyer who drew up the will is not responsible for probating it unless you hired/him or her. The lawyer may or may not know that the client is debt but the responsibility is the executor's. You indicate that you live in Atlanta but your location is not relevant. Where did your aunt live at the time of her death? Was it in GA? If so, in what county? Or where did she own land? Either her county of residence or the county where she owned land is where you need to probate her estate. You need to get a lawyer to help you, especially if you live out of state. I would contact a probate lawyer who practices in the county/state where the estate is to be probated as procedures may differ from county to county and you want someone who is familiar with the practices followed by the clerk and court in the county where the estate will be probated. They are not letters of testimony but letters testamentary. When the will is submitted for probate the executor submits an application to administer the estate. If the application is granted, then the court issues the letters testamentary which are a formal document appointing you officially as the executor. The executor's job is to inventory the assets, notify any creditors to file claims, pay the claims (if any) and then distribute what is left to the heirs. If there is enough money in the estate to pay the claims, then I suppose the real property could be turned over to the heirs but this may be problematic if there are more than 2 heirs. Its never a good idea for lots of people to own land Or the executor could sell it to one or more of the heirs who want it. But in no way can the executor just give it to them. The car is part of your aunt's estate for right now. You need to see if there is any kind of survivorship requirement in your aunt's will. For example, I include a 90-day survivorship clause in wills that I draft for clients. If the named heir does not survive your aunt by the time period specified in the will, the property would pass as per your aunt's will to any alternate beneficiary she names or as per the residue clause (if there is one) or via state intestacy law if there is no alternate beneficiary and no residue clause. Otherwise, the car will be distributed to the estate of the deceased heir for distribution as per the deceased heir's will or via state intestacy law. If the heir had no will as you indicate, where did the heir live at the time of her death? Was she married? Did she have children? However, you first have to inventory and value assets and pay any just debts of creditors before you start giving away property. Compensation is governed by the will if it addresses this issue. If it doesn't, then it is determined as per the statute below. It will depend on the kind and amount of any property in the estate. Please at least get a consult with a probate attorney so that you can make sure the estate is administered fairly as per the terms of the will and correctly. ? 53-6-60. Amount of Compensation (a) Personal representatives shall be compensated as specified in either the will or any written agreement entered into prior to the decedent's death or a written agreement signed by all the beneficiaries of a testate estate or all the heirs of an intestate estate. A written agreement between a testator and a personal representative shall be valid and binding upon the estate of the testator as fully and completely as if set forth in and made a part of the will.(b) If the personal representative's compensation is not specified in the will or any separate written agreement, the personal representative for services rendered shall be entitled to compensation equal to: (1) Two and one-half percent commission on all sums of money received by the personal representative on account of the estate, except on money loaned by and repaid to the personal representative, and 2 1/2 percent commission on
Answered on Aug 05th, 2013 at 7:45 PM