Monday, 3 March 2014

My father passed away Sept 30 2013. I hired a lawyer to take care of executing his will/probate paperwork. I am the executor. I did as reque...

Question

My father passed away Sept 30 2013. I hired a lawyer to take care of executing his will/probate paperwork. I am the executor. I did as requested in the will. All was taken care of as per the will, the sale of the house to get the proceeds so the 4 (four) heirs got an even split (25% net each).My father had remarried and had 2 daughters I never met, nor do i have any clue as to where they are/live (though I did hear a rumor one was in prison somewhere). So my biological sister got her 25% & I got mine (25%)

Now for my original question: How long must I hold the funds from the sale of the house for the 2 (two) other daughters who never came forward.The Georgia lawyer stated I had no more obligation to hold any funds once the newspaper notices had been run by his office & also any debtors need to respond by xxx amount of days.

So again my question is: How long must I hold onto funds from an executed will of somebody who has passed away. It's been almost a year & a half with no word from the 2 daughters? I can't get anything in writing from the layer about this matter.



Answer

You should have attempted to locate them or published a Notice of Citation. Did you mention them in your petition for probate? A mere notice to creditors is insufficient.

If the probate was in GA, you need to speak with GA counsel.



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