QUESTION
Can my brother who is the executor of my mom's will keep my inheritance from me?
Asked on May 09th, 2021 on Wills and Probate - Georgia
More details to this question:
My brother is controlling everything and because I have had such a difficult time finding work he refuses to give me my "yearly installment" of my inheritance not to mention he took half of it and gave it to my soon to be ex-husband to finish paying off my car without ever discussing anything about it with me.
3 ANSWERS
Probate Litigation Attorney serving Lawrenceville, GA
at
Robert W. Hughes & Associates, P.C.
Update Your Profile
I will need a lot more information to know if your brother is mistreating you. However, an executor is required to do exactly what the will requires him to do. To the extent he is not doing that, you can file a Petition for Settlement of Accounts and require him to report to the judge what he is doing and why he has not paid you the inheritance you are due. You should contact a lawyer to assist you with this problem. It is not as straightforward as it seems.
Answered on May 10th, 2021 at 7:32 AM
4 Awards
Please accept my condolences on the loss of your mother.
As for your question, without knowing what your mother's Will actually says, no one can really tell you whether your brother is acting appropriate as the executor of her estate. You should schedule a consultation with an attorney who works with estate and trust litigation; the attorney can then review the Will, any trust that might apply, and any other information that may be needed. The attorney should then be able to tell you more about your rights and interests and whether your brother's actions are appropriate. If your brother's not acting appropriately, the attorney should also then be able to discuss your options with you and help you address the situation. But this forum is not designed to allow anyone to do that for you.
Best wishes to you.
Answered on May 10th, 2021 at 6:53 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.
2 Awards
An executor is not allowed to distribute yearly installments or to divert payment to a third party. Contact a local probate attorney to determine whether, under Georgia law, enough time since your brother's appointment as executor has elapse for you to be able to (1) demand an accounting and/or (2) ask the court to replace your brother as executor.
Answered on May 10th, 2021 at 5:22 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.