The Will Contest and Litigation Lawyers at, The Libby Law Firm are skilled, experienced and resourceful. We have seen a steady increase in the rise of Georgia probate law based claims against Georgia Probate Court appointed executors for inventory and accounting, removal, money damages, and more. Georgia probate court executors have significant liability by assuming this position.
To the contrary, Georgia heir and beneficiaries have significant rights to know the what, where, when, and how of the estate’s status. They also have the right to force the executor to compile and Georgia estate inventory and accounting even if this is specifically not required by the will. The Georgia estate executor can incur personal liability if money or assets can not be accounted for and will likely incur personal liability for these monies and assets.
The basic remedies against Georgia Probate Court appointed executors can be found in The Official Code of Georgia Annotated (“O.C.G.A.”) § 53-7-54, which reads as follows:
(a) If a personal representative or temporary administrator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a beneficiary of a testate estate or heir of an intestate estate shall have a cause of action:
(1) To recover damages;
(2) To compel the performance of the personal representative´s or temporary administrator´s duties;
(3) To enjoin the commission of a breach of fiduciary duty;
(4) To compel the redress of a breach of fiduciary duty by payment of money or otherwise;
(5) To appoint another personal representative or temporary administrator to take possession of the estate property and administer the estate;
(6) To remove the personal representative or temporary administrator; and
(7) To reduce or deny compensation to the personal representative or temporary administrator.
(b) When estate assets are misapplied and can be traced in the hands of persons affected with notice of misapplication, a trust shall attach to the assets.
(c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.
Even if you follow the necessary probate steps, there are times when you can find yourself involved in an Atlanta probate dispute or estate dispute. Some of these situations include, but are not limited to:
• Breach of Fiduciary Duty
• Interference with Inheritance
• Fraudulent Conveyance
• Misappropriation of funds, estate assets, estate inventory
• Accounting Claims
• And more
As an Atlanta Lawyer Atlanta, Georgia probate lawyer, I know that when a loved one has passed away, the process of going through the legal system to determine and distribute their estate can be a tremendous challenge. This process, for better or worse, is known as the Georgia probate process (commonly referred to as “probate”). Whether there is a will or not the Georgia court will assess the properties and pay off any outstanding debts before distributing the estate. First, however, they must determine if the will is valid, before assessing the amount of debts or taxes owed. Fortunately, the State of Georgia Probate Courts have made the probate process very easy and relatively inexpensive. Nevertheless, it is prudent to retain an experienced Atlanta, Georgia probate lawyer or Atlanta, Georgia estate attorney to ensure the probate process proceeds smoothly, fairly, and without incident.
NOTE – WHEN THE ADMINISTRATOR OR EXECUTOR RETAINS A GEORGIA PROBATE LAWYER TO REPRESENT THE ESTATE, THIS IS USUALLY AN ESTATE EXPENSE:
THE DOWNSIDE TO NOT RETAINING AN ATLANTA ATTORNEY TO REPRESENT THE EXECUTOR CAN BE DEVASTATING INCLUDING REMOVAL, PERSONAL LIABILITY, LOSS OF EXECUTOR FEES, CREATING ENEMIES IN YOUR FAMILY, AND PROMOTING SIGNIFICANT FAMILY DISHARMONY.
HAVING AN ATLANTA ATTORNEY REMOVES MUCH OF THE LIABILITY PERSONAL REPRESENTATIVES HAVE, PREVENTS ATTACKS ON THE EXECUTOR OR ADMINISTRATOR BY YOUR OWN FAMILY, AND DISSOLVES THE PERCEPTION OF BIAS, SELF-DEALING, AND MISAPPROPRIATION OF FUND, CONVERSION OF ESTATE ASSETS, AND MISMANAGEMENT OF ESTATE ASSETS. FAMILY HARMONY IS PRESERVED AS WELL. I DO NOT THINK YOU CAN PUT A PRICE OR VALUE ON THIS.
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