Atlanta Probate Lawyer Blog
Diligent Probate Lawyers in Atlanta, Georgia, like AThe Libby Law Firm, which consist of former members probate lawyers in Atlanta, Georgia; most notably, The Libby Law Firm, have many clients seek out their counsel on how to receive fair treatment during probate proceedings. As an heir or beneficiary of a Georgia Estate, many primary areas of concern arise concern including mismanagement of the estate and lack of information given to them about the assets of the estate. The executor or administrator handling the Georgia estate may be a family member, a friend of the family, a business associate of the decedent or an impartial third party.
Any perceived wrongdoing may be intentional or innocent. There certainly are individuals who will take advantage of the responsibility of being an executor or administrator for personal gain, but there are also individuals who do not fully understand the nature and extent of the required duties. This lack of understanding can also result in misconduct.
Under any circumstance, heirs and beneficiaries have specific rights that are enforceable under Georgia probate law. An executor or administrator has a fiduciary duty that must be carried out as described by the Georgia Probate Code. If these duties are not completed properly, the executor or administrator can be removed and legal action can be taken against that individual.
Here is a list of the rights of beneficiaries and heirs under Georgia law:
• The right to information about the original assets of the estate and an inventory of these assets
• The right to request an accounting of assets
• The right to review and approve the level of compensation that the executor or administrator will receive for administering the estate
• When not in agreement with the compensation level for the executor or administrator, the right to have the court set the compensation level
• The right to receive estate assets in a timeframe that is reasonable for the complexity of the estate
• When dissatisfied with the executor or administrator for a justifiable reason, the right to have that individual removed and replaced by the court
Besides fraud and self-dealing by executors and administrators, heirs and beneficiaries should be cognizant concerning the status of inventory and accounting of assets. Without a detailed investigation into the estate’s assets, beneficiaries and heirs can be shortchanged and receive less than the decedent intended. Sometimes beneficiaries and heirs voluntarily waive their right to an inventory and accounting of assets. An executor or administrator may find the task of identifying assets as tedious and may suggest that the right be waived. If you find yourself in this situation and realize that you do want an inventory and accounting of assets, you have the ability under Georgia law to revoke the waiver (in writing) at any time. A qualified Georgia probate lawyer can assist you with this and help you file a petition for inventory and accounting.
As a Atlanta, Georgia, estate beneficiary or heir, it is recommended that you retain the counsel of an experienced Atlanta, Georgia and Estate Lawyer who will ensure that you receive fair treatment under Georgia probate law. The Atlanta probate attorneys at The Libby Law Firm assist clients in understanding and enforcing their rights during probate proceedings. Please contact us to discuss your situation at (404) 941-7695. You may also send us a message through our confidential “Contact Us” website form. We serve metro-Atlanta and northern Georgia and our main office is conveniently located in the Sandy Springs, Lenox Loop, Buckhead Triangle section of Atlanta near Lenox and Phipps Malls.
We also have Probate lawyers in Marietta, Georgia at our Cobb County Office. You can reach the Cobb County, Marietta, Georgia office by calling (770) 952-1008. You may also send us a message through our confidential Web Site form to either or both offices.
The The Libby Law Firm probate lawyers in the Atlanta, Georgia and Marietta, Georgia Offices boast a national client base, which consists of clients located in over 37 states as well as many foreign countries. Both Offices are well kept, conveniently located, and readily accessible, and have plenty of free secure covered parking. Here you will likely find Atlanta’s most responsive and caring probate lawyers waiting to greet you and uncompromisingly and zealously assert your rights and protect your best interests.