Ask Experts Questions for FREE Help !
Ask
    paynjp's Avatar
    paynjp Posts: 2, Reputation: 1
    New Member
     
    #1

    May 23, 2014, 04:36 PM
    Estate
    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    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's Avatar
    ma0641 Posts: 15,675, Reputation: 1012
    Uber Member
     
    #3

    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's Avatar
    paynjp Posts: 2, Reputation: 1
    New Member
     
    #4

    May 24, 2014, 02:57 AM
    Quote Originally Posted by ma0641 View Post
    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's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #5

    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Estate settlement/purchased from estate vs inherited [ 9 Answers ]

My mother recently passed away. I live in New York state and I have three siblings. My mother left us some cash and an automobile. I am taking the automobile and my siblings are dividing up the cash. The amount of cash each sibling will receive is approximately equal to the value of the automobile....

Executor of my fathers estate won't answer email questions regarding the estate Help [ 4 Answers ]

The executor of the estate will not return my email questions regarding the estate. Can I contact an attorney? I have sent 5 emails requesting information regarding the timeshare I am suppose to get. I told her if it was appraised too high I did not want. That was 4 months ago. Now she just ignores...

"Reaonable" administrator fee - mother's estate Maine Estate Recovery [ 3 Answers ]

RE: State of Maine Recovery Act for Medicaid I have been told by the State of Maine, that they allow the administrator of the estate to receive a 'reasonable' fee for estate administration. I am the administrator. My mother received medical benefits from the State, and under their Recovery...

Problems with Executor of Estate not signing sales contract for real estate [ 4 Answers ]

My sister and I are the beneficiaries of our mothers will. She died when I was 17 and left my sister and I half of her estate, and named her doctor as the executor. I am now 22 and my sister is 20 (21 next month). We all agreed (verbally) to sell the family house to our father for $125k. He...


View more questions Search