- April 6, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Dealing with the Loss of a Parent and Legal Issues
I (22f) recently lost my mom very unexpectedly last month. As the only child of a single parent, I am struggling to cope with the emotional turmoil of her passing. Complicating matters, my mom left behind two wills, creating confusion and conflict in an already challenging situation.
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#### The Struggle with Executors and Property Rights
One will, signed in 2018 when I was just 17 years old, appoints my mom’s stepmom as the executor and her friend Jen as the secondary executor. Unfortunately, Jen has proven to be a nightmare, manipulating me while I was emotionally distressed and under the influence of alcohol. She convinced my grandmother to resign as executor by falsely claiming severe dementia and even took possession of my mom’s belongings, including guns and a computer that rightfully belong to me according to the will.
#### Requesting Legal Intervention and Seeking Justice
In contrast, my mom’s more recent will from eight months ago designates me as the trustee, a role currently held by Jen. However, we lack a signed copy of this will due to a possible fire that may have destroyed crucial documents. I am faced with crucial decisions regarding the retrieval of my belongings and the enforcement of the new will that appoints me as the trustee.
#### Seeking Answers and Justice in Court
I am uncertain of the legal steps to take in this complex situation. Can I legally reclaim my possessions that were wrongfully taken by Jen? Is it possible to challenge the validity of the old will and have the new will reinstated by the court? Alternatively, should I demonstrate Jen’s incompetence as an executor and request to be appointed as trustee, despite the stipulations in the original will that I assume these duties at 30?
#### Financial Constraints and Seeking Legal Guidance
Struggling to navigate this legal maze on my own, I am also burdened by financial constraints that limit my ability to hire a lawyer. If anyone can provide insight into the potential costs of legal representation, it would be greatly appreciated as I seek justice and clarity in this challenging time.
### Update: Further Complications with Phone Service
In a distressing turn of events, Jen has disconnected my phone service and removed me from my own account, despite my financial contributions to the bill. This latest action has left me isolated and unable to communicate with others, adding to the mounting challenges I face in this tumultuous situation.
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The only answer is that you need an estate attorney. There are too many moving pieces here.
You need a lawyer ASAP. “I cannot afford one” is not an excuse. There is too much money at stake. Here is the lawyer referral service for GA. [https://gabar.reliaguide.com/home](https://gabar.reliaguide.com/home).
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With that said, the unexecuted will/trust is not going to work. You are likely going to ask the court to remove the friend as executor because of a breach of fiduciary duty.
An estate attorney will usually take his pay as part of the estate due as the estate closes. Definitely talk to one.
If she actually executed the more recent will, try and find the attorney that drew it up, they may have a copy.
Anyway, as the others have said, you definitely need a probate attorney.
Call an estate attorney asap. You can get a referral from a local bar association.