My late husband died in January 2013, leaving a will made in Alabama in 1995, but as a resident of Ga at the time of death, will was filed in Cobb Co. Probate Court. The will was made prior to my husband's Divorce from his ex-wife and prior to our marriage. The will named his ex-wife as Executrix and his sister, C., as alternate. Disposition was to ex-wife first, then to the 2 children of that marriage. C. Found will, and it was allowed under Solemn Probate, Letters Testamentary issued to C, as Personal Representative, with no returns required and no bond, as will stated. Will relieves C. Of filing inventory, returns, etc. C. Was named PR on July 27,2013. Delayed filing will for 5 months after death, and has not notified me of the basic inventory of the estate. I petitioned for Year'sSupprt right after C's Appt. Neither C nor the adult children (other heirs) would acknowledge service, so delay again since the Court had to do it. C. And children each filed caveats to my petition in late October, citing the amount was excessive, the estate was cash- poor, and the estate assets to provide support were not specific. I know from being my late husband's fiancée and living with him for the 4+ years prior to our marriage in Feb. 2011, and his confidant and advisor in all matters that the estate has assets (stock), car, readily turned into cash, plus my husband owned a 22% interest in the FLP that holds the family timber business and investments, and just prior to his death, had received the first of many quarterly distributions to be made after $250K sale of timber, netting 70K each. By now, his estate should have at least $40K from that - shares among limited partners (C., his sister and X his brother and him) of the net timber income were $70K each.
As PR, C has demanded that I turn over to the estate all property of my late Husband, including furniture, car, financial records etc. , which I did, promptly. I have yet to receive 1) any information about the estate assets and 2) a penny of the Year's Spousal Allowance.
A year after his death - nothing except objections to my request. My only income is $1400 per month from SSDI. Bank statements show that my husband had income of over $100K the year preceding his death. My lawyer is just waiting for something to happen.
Can we petition to remove C as PR for failure to do anything? Is the Years Support the only amount I get, or do I get a 1/3 of residue? How much of the will is valid? I'm borrowing money from my parents to survive and living with practically no $ for food, gas, meds, etc.
Thanks to anyone who can give some specific answers.
As PR, C has demanded that I turn over to the estate all property of my late Husband, including furniture, car, financial records etc. , which I did, promptly. I have yet to receive 1) any information about the estate assets and 2) a penny of the Year's Spousal Allowance.
A year after his death - nothing except objections to my request. My only income is $1400 per month from SSDI. Bank statements show that my husband had income of over $100K the year preceding his death. My lawyer is just waiting for something to happen.
Can we petition to remove C as PR for failure to do anything? Is the Years Support the only amount I get, or do I get a 1/3 of residue? How much of the will is valid? I'm borrowing money from my parents to survive and living with practically no $ for food, gas, meds, etc.
Thanks to anyone who can give some specific answers.
