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MISCONDUCT AND REMOVAL OF GEORGIA EXECUTORS AND ADMINISTRATORS IN GEORGIA PROBATE COURT

As a Georgia probate litigation attorney practicing in the Atlanta area, I am frequently asked to represent beneficiaries and heirs in disputes against executors and administrators who have breached, or threaten to breach, their fiduciary duties. Georgia probate law provides that if misconduct or other violation(s) by a Georgia executor of administrator occur, the Georgia probate court may cause the executor or administrator to appear before the Probate court and show cause why such executor or administrator should not be removed from their fiduciary position.

A cause of action arises out of a breach of a fiduciary duty or a mere threat to commit a breach of fiduciary duty. If a breach or the threat of a breach occurs, the interested party shall have a cause of action for the following:

• To recover of damages;

• To compel the performance of the executor’s or administrator’s duties;

• To enjoin the act of a breach of fiduciary duty;

• To compel redress, by payment of money or otherwise;

• To appoint another executor or administrator;

• To remove the executor or administrator;

• To reduce or disallow compensation to the executor or administrator;

• To seek any other remedies provided by statute, common law or otherwise;

Most of these Georgia probate court actions fall within the exclusive jurisdiction of the county probate court. In Georgia, executors and administrators are bound by a fiduciary duty and hold a position of trust and power for the benefit of all persons who have an interest in the Georgia estate. Moreover, a co-executor or co-administrator may be subject to joint and several liability. In short, one executor or administrator may be liable for the acts of the other such executor or administrator if such executor or administrator knew or should have known of the certain wrongdoing and failed to take reasonable action to prevent or remedy this wrongdoing.

In my Atlanta, Georgia, probate and estate litigation law firm, it is more common than one might assume to see otherwise upstanding citizens turn into thieves, crooks, and scoundrels when put into a position of trust and power, such as that of an executor or administrator. This is especially true when the executor or administrator oversees considerable assets and believes they can engage in self-dealing, theft and even fraud.

The Libby Law Firm helps Georgia heirs and beneficiaries as well as other interested parties successfully navigate the “ins and outs” of Georgia estate administration proceedings. Our Firm would welcome the opportunity to guide and protect you throughout this stressful and confusing process. Please contact us at (404) 467-8611 to see how we can assist you. Please also feel free to send us a confidential e-mail Web Site contact us form. The Libby Law Firm is conveniently located in the Buckhead section of Atlanta, Georgia near the intersection of Piedmont and Roswell Roads.

The Libby Law Firm helps clients in Georgia probate matters throughout the Metro Atlanta, Georgia area including the following cities, communities, and counties: Atlanta, Alpharetta, Fairburn, Roswell, Sandy Springs, Buckhead, Decatur, Lithonia, Druid Hills, Dunwoody, Tucker, Marietta, Smyrna, Vinings, Duluth, Acworth, Fayetteville, Marietta, Lawrenceville, Norcross, Morrow, Riverdale, Canton, Milton, John’s Creek and other cities throughout North Georgia. DeKalb County, Fulton County, Cobb County, Gwinnett County, Fayette County, Clayton County and Cherokee County