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THE CHALLENGING ROLE OF EXECUTOR OR ADMINISTRATOR IN GEORGIA PROBATE PROCEEDINGS

In my Atlanta, Georgia Probate Law Firm, I have represented many clients who require legal counsel well into probate proceedings. While, this is can be due to a lack of knowledge of the Georgia probate process, it can also stem from a number of other reasons such as negligent management of estate assets, self dealing, misappropriation of estate assets, or even intentional mismanagement of estate affairs. Over the course of my legal career, I have decided the list of reasons is endless.

Many of my clients are Georgia executors and administrators who have been assigned the difficult task of distributing the deceased’s estate. Confusion surfaces as these individuals face a complex set of fiduciary responsibilities (commonly referred to as fiduciary duties under Georgia law) and legal tasks, including the filing of legal documents to strict deadlines and other stringent legal requirements. Retaining legal advice from a Georgia probate law firm early on in this process is essential to successfully and efficiently collecting, managing, and distributing the estate’s assets.

Identifying, finding and gathering assets is one task that a Georgia executor or administrator is responsible for during the probate process. Transferring assets into the estate and assuring that payments are made on behalf of the estate are also duties that must be handled. In the process, it is the executor or administrator’s fiduciary duty to keep beneficiaries, heirs and any interested parties informed of certain milestones. In addition, court deadlines and the filing of legal documentation can be confusing. If any of these duties are incorrectly handled, despite the best intentions of the executor or administrator, disputes can develop between the respective parties, which have an interest in the estate. In a worst-case scenario, the executor or administrator can be held personally liable for mistakes make during the proceedings.

Without experienced counsel from a Georgia probate litigation attorney, probate proceedings can not only cause infighting among interested parties, but also slow the process down to the point that the proceedings drag on for an extended period. As time elapses and infighting intensifies, litigation becomes more likely. Heirs, beneficiaries, and interested parties usually cause the initial disputes. Oftentimes, Georgia probate disputes are sent to mediation ordered by the Georgia probate court. This has proven an effective way to resolve minor disputes without court proceedings or litigation. As executor or administrator, the nature of your primary fiduciary duty is to protect the estate’s assets and act in the best interests of all interested parties to the estate. So working to avoid, mitigate, and mediate conflict between parties is crucial and will speed up the process and likely keep you distanced from any breach of fiduciary duty accusations.

If you have been assigned as executor or administrator, consult with an Atlanta, Georgia probate attorney. This is imperative even if the estate’s assets appear to be small in value or simple to identify. It is also important to note that carrying out your fiduciary duties in the spirit that the deceased intended is an important way to honor that person. The probate attorneys at The Libby Law Firm will ensure that you are able to do this by keeping the probate process moving forward properly and efficiently. The Firm’s Main Office is conveniently located in the Buckhead section of Atlanta.

If you are from out of state and need local representation, we can assist you. Persons who are not represented locally are likely at a severe disadvantage concerning their probate and estate cases. This is especially true for heirs and beneficiaries living out of the state of Georgia. Our Firm represents many clients involved in Georgia probate who live out of state. If this is your situation, you can be rest assured, you are not the only one in this predicament. We will ensure that your voice is heard and that legal filings are made timely on your behalf.

There are numerous clients we have not met in person. Regardless, we will represent you with the same intelligent and aggressive legal prowess, which local clients enjoy. This often involves conference calls, video conferences, e-mail of scanned documents, facsimile, and after hour attorney availability and accessibility. You are correct if you would presume we do not stop working when the sun goes down in the Eastern US. We presently have clients in time zones with up to a ten (10) hour time variance.

Our Georgia probate law firm clientele are located in over thirty-five US states and numerous foreign countries. They consist of military and contractors stationed and/or working out of the US and citizens of foreign countries. If you are located out of state but have a pending matter in Georgia probate proceeding for which you require legal representation, please call us. Our experienced Atlanta, Georgia probate attorneys can help you. Thus, the saying: You Stay Home; We’ll Take Care of It!

Call us today at our Main (Buckhead) Atlanta Office at (404) 467-8611 to discuss your legal situation and objectives. We are conveniently located on Piedmont Road close to intersections of Piedmont Road and Habersham Road or Piedmont Road and Peachtree Street. In the alternative, you can provide a brief concise statement of your legal matter and send it to us through our “Contact Us” form on our website. We will respond to you in a timely manner per your instructions.