View Full Version : Estate
paynjp
May 23, 2014, 04:36 PM
My adult children have given me the power to deal with their fathers estate. Money from the sale of property is to be divided after all bills are paid. One of the children is irresponsible and has a substance abuse problem. Not mention the fact that she owes me money. Is there anyway to limit the amount she gets or at least get her portion placed in a trust for quarterly or better yet yearly disbursement? We live in the state of GA.
Fr_Chuck
May 23, 2014, 07:52 PM
No, he will get and be paid his full share, like all the other children.
If he owes you money, have you sued him in court ? Or has he signed a agreement to allow you to be paid from his funds?
If not
You will not be able to withhold what he owes you from the money either.
ma0641
May 23, 2014, 08:03 PM
I'm a little confused by "MY adult children have given ME power to deal with THEIR fathers estate"? Step children? "Their" father is not your husband if they are "Your" adult children? What is your relationship in this matter? If they are not your children, you, as executor, have to disburse funds as the will dictates. You should, however, file suit to reclaim the money owed, if you have proof of debt.
paynjp
May 24, 2014, 02:57 AM
I'm a little confused by "MY adult children have given ME power to deal with THEIR fathers estate"? Step children? "Their" father is not your husband if they are "Your" adult children? What is your relationship in this matter? If they are not your children, you, as executor, have to disburse funds as the will dictates. You should, however, file suit to reclaim the money owed, if you have proof of debt.
Natural children, their father and I are divorced. Guess I will have to sue. Thanks
AK lawyer
May 24, 2014, 06:01 AM
One issue I see here is that, while the children have "given" OP "the power to deal with their fathers estate", she doesn't say whether a probate court has appointed her personal representative. This must happen first.
Also, OP says that the decedent's children are his "natural children". This suggests that they are his from another relationship. Not that it really matters, but that in turn conflicts with the statement that they are also her children.