QUESTION

There are 3 executors on a will but 1 has her name on the bank account.. There is a will but she will not go by it.

Asked on Nov 26th, 2017 on Wills and Probate - Georgia
More details to this question:
sister will not go by the will my mother has
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
If the sister who is listed on the bank account is listed on the account as a joint owner, then unless you can find clear and convincing evidence that your mother only added her to that account for your mother's convenience (which can be difficult evidence to find if the person on the account isn't willing to admit that she was added only for your mother's convenience), the account, by law, belongs to that sister and she is not required to share it. It does not go through the estate, and it is not controlled by the Will. If your mother had other assets that may have become part of the estate, then the 2 executors who are willing to cooperate can try to have the Will admitted to probate without the 3rd sister. It is not a good do-it-yourself project. The 2 who wish to try having the Will admitted to probate should be prepared for the 3rd sister to put up a fight. They should find attorneys who have experience with contested estates, have the attorneys look at the Will and review the entire situation, and then tell them what their available options are and how the attorneys recommend handling things. Best wishes to you.
Answered on Nov 27th, 2017 at 5:22 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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