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Being an executor or administrator of a Georgia estate in probate court is no easy undertaking. In fact, as executor or administrator of a GA estate, you are stepping into a position ripe, ready and waiting for conflict and disharmony to develop among all the interested parties to the estate, or worse yet, parties that will use their influence to control others who do have an interest in the estate. To say the least, these matters are already emotional from the death of a loved one and now, as executor or administrator, you are in charge managing the often-greedy heirs or beneficiaries of the Georgia estate. At the very least, this can add substantial administrative and bureaucratic responsibilities to your life as well as significant anxiety and stress. Furthermore, these oftentimes come at a time when you may already be grieving and have your own affairs to manage. In almost all cases, this is further complicated by the significant administrative duties imposed by law on a GA executor or administrator and the fiduciary duties and liabilities that come with this position.

In most GA estates, both executors and administrators are frequently relatives or close friends of the deceased person (the decedent). This would seemingly be a plus; however, more often it turns out to be the starting place of many arguments, endless wrangling, power struggles and ultimately many GA Probate disputes, will contests and litigation proceedings. Many of these GA estate disputes and much of this GA probate litigation stems from the fact that many of the other members contesting the actions and alleged breach of the personal representative’s fiduciary duties are also frequently, family members, relatives, or close friends of the deceased person (the decedent). In fact, it is often the case that these family members, relatives and close friends stand to inherit assets of the Georgia estate or have some interest in the outcome of the distribution of assets.

Perhaps most importantly, acting as a personal representative gives you a fiduciary duty to the estate — that is, you are legally responsible for ensuring that your financial decisions are made with complete information, according to the estate’s best interests and as expeditiously considering the circumstances. This is the same fiduciary duty given to leaders of corporations, and like those leaders, you are legally liable for any lawsuit alleging that you have not met your fiduciary duties. This includes personal liability, which is beyond assets of the estate and not limited in any way, shape or form to the assets of the estate.


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In my Marietta, and Atlanta, Georgia, Will Contest Law Practice, which includes Will Contest Litigation in Lawrenceville, the Buckhead Area, Dunwoody, Decatur, Sandy Springs, Kennesaw, Smyrna, Duluth, Cumming, Canton, Alpharetta, Roswell, and other Cities and Counties throughout Georgia, I counsel clients on many aspects of Georgia probate law; including Georgia Will Contests (also referred to as Georgia Will Challenges and Georgia Will Litigation). Once Georgia probate proceeding have begun, all interested parties have a determined amount of time to challenge an existing will, which has been offered up to the court for it’s authenticity and to be the will control the Decedent’s Estate.

A person challenging a Georgia will can do so under several common scenarios. The existence of a more recent will, incapacity of the testator, undue influence exerted on the testator, incorrect execution of the will and fraud are several scenarios that are commonly recognized reasons in Georgia for invalidating a Will. When contesting a Georgia Will based on fraud, the person filing the objection is required to prove that the deceased was deceived by fraudulent misrepresentation at the time the will was executed. This is also sometimes referred to as the Testator laboring under mistake of facts, which had the truth been known, the Testator would have not executed the Will or made a different will. Evidence of the motive or opportunity to commit fraud by itself is not sufficient to deem the will invalid. Proving the effect of the fraud on the testator is critical.

Under Georgia probate law, the Fraud necessary for contesting a Georgia will can be committed that either influences the facts that move the testator to draft the will in a certain way (inducement) or the act of fraud can directly affect the execution of the will. In the instance of inducement, a third party might convince the testator to leave assets to them under false pretenses. For example, a sibling might gain sympathy from his dying brother, the testator, citing imminent bankruptcy. If the bankruptcy is not real and the testator leaves property to his sibling in the will because of this lie, then the will can be contested under the scenario of fraud.

Execution of a will can be manipulated so that the will is deemed invalid. This type of manipulation in the execution of the will is considered fraud when intentionally done. Causing improper signature of a will by purposely misguiding the testator or witnesses during the signing of the will is one example of how this type of fraud can occur. Also an individual that is being left out of a will may try to prevent the Georgia testator from executing a will. This is also an example of fraud. Further, one of the most obvious examples of fraud in the execution of the will is forgery or removing pages from the will and replacing them with pages that have dispositions different than the Testator intended. Oftentimes, this is why you will see lawyers have the Testator initial each page of the Will and place the final (and only) set of staple in the Will after it has been duly executed and each page initialed. Further, some lawyers will seal the will in an envelope in such a way to ensure that if someone had gained access to the Will, there would be obvious tampering to the envelope the Will was put in immediately after executed.
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In my many years as a Georgia probate attorney, I have come to believe that no matter how big or small an estate, Georgia will contests are here to stay. The typical will contest usually arises from some perceived unequal disposition of estate assets. Most of the time, distraught heirs, or beneficiaries will have their own ideas and theories regarding the unequal or unfair disposition of estate assets. However, they leave it to the Georgia will litigation lawyers to find the legal terminology and reasoning to substantiate their claim(s). While it seems many Georgia lawyers and layperson are rather indifferent to will contests and see them as nothing more than greed at its worst, I feel and see something totally different.

In my Georgia Probate Litigation law firm, I find a great amount of unique justice in seeking out a defendant who has taken it upon himself or herself to engage in illegal activity to cause a person to alter their free and voluntary making of their will, and thus alter the disposition of their estate. Thus, while the biggest stake in the result of Georgia will contest is without a doubt monetary, it is significant to convey that relationships between family members may be damaged. Even in tight-knit families, it is common to see infighting over estate assets due to emotional issues such as who was a certain parent’s “favorite” child.

To ensure that your assets are distributed as you wish, it is wise to implement a few strategies, such as the following:

Avoid using joint accounts that can disinherit children inadvertently: Many elderly people put a child or close relative on bank accounts for easy access and routine handling of affairs. Joint accounts pass directly to the joint account holder upon death of the primary account holder, so it is better to set up financial powers of attorney that give others the ability to help you without them being joint property owners.

Choose an impartial executor to administer your will: Commonly family members are asked to administer wills, which can create damage to family relations. A wise choice is to use a bank as executor. While this does carry a cost, many disputes can be avoided and self-dealing by the executor will not be a problem.

Try to treat children equally in the will: Unequal distribution of estate assets will likely cause friction between the children. This is because children often believe that their inheritance is a direct reflection of their parents’ love for them. When a child feels left out or cheated, he is likely to imagine that one or more siblings manipulated the parent. It is possible that this will result in a will contest.

Discuss big inheritance issues before they are written into the will: You should not need to discuss every detail of your will within your will. However, any unusual distributions in your will should be explained and documented. Disclosing these items in advance allows for your children to assimilate the information to understand the motivation behind the decision. Avoid going into detail about your decisions and make sure it is done with the assistance of a professional. Doing so may hurt your child’s feelings, which could trigger a will contest later on during probate proceedings. However, be careful not to induce an environment where there are attempts to influence you because of being open about your will and what will happen when you die. Be careful, this theory has a double-edged twist if proper protocol is not followed. (NOTE: Doing this with assistance is a must).

Give sentimental gifts to your children while you are alive, and equally: Let each heir know what you are giving to the other heirs. This strategy will allow you to see your heirs enjoying these precious items and can prevent Georgia probate disputes. This can also have tax benefits Continue reading →

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As an Atlanta Estate and Probate Attorney, many of my clients come to me for counsel during the difficult time following a loved one’s death. Confusion over how the Georgia probate process works and conflicts of interest between heirs and/or beneficiaries can make this process painful and complicated. During the Georgia probate process, assets from the estate will be distributed and any disputes between heirs or beneficiaries regarding estate assets will be resolved. The process of probate varies by state. In Georgia, the law is somewhat straightforward, but still extremely complicated for most any non-lawyer.

For a better understanding of the probate process, it is important to clarify a few commonly used terms:

Probate: the court proceedings that prove a Will to be the last valid Will of the decedent – it is also the process of administering the decedent’s estate
• Decedent: a person who has died
Estate: all of the decedent’s property, including personal property and real estate
• Heirs: in the absence of a Will, those persons who have a just claim to the property in the estate of the decedent
Beneficiary: a person who is identified in the Will to receive property from the decedent’s estate

• Will: a signed, legal document that states how the decedent wishes to distribute his property after death
• Testate: when a person dies and did write a Will
• Intestate: when the decedent did not write a Will, or when the Will is invalid
Executor: the person named in the Will to administer the decedent’s estate

• Administrator With Will Annexed: the person assigned by the court to administer the decedent’s estate when a Will exists, but has not named an Executor, or in the case that the Executor named is unwilling or unable to serve this duty
Administrator: when there is no Will, this is the person assigned by the court to administer the decedent’s estate
• Escheat: in the case that no heirs make claims to all or some part of the property in an estate, the state will receive the unclaimed property

Georgia probate proceedings usually are held in the Georgia county where the decedent permanently resided at the time of death. The county probate court will verify that the will presented in the proceedings is valid and that it is the last will that was written by the decedent. Once the will is verified, or in a case where there is no will, the probate court will oversee the distribution of the estate’s assets. When the decedent dies with a will, the estate will be administered in accordance with the decedent’s wishes that are expressed in the will. Should the decedent die without a will, Georgia’s Intestacy Statutes provide the scheme for distribution of estate assets. This usually means that the surviving spouse and children will receive the percentages of property first, followed by parents, siblings, and other family members.

The time that the probate process takes can run between seven or eight months for simple estates, to several years for more complex estates. During the process, the executor or administrator will identify the assets in the estate, perform an appraisal of those assets and pay any debts and taxes owed by the estate. Only after these steps are completed can the remaining property be distributed to the heirs and/or beneficiaries. Disputes between the parties involved over how these duties are performed will lengthen the process. The normal expenses incurred in probate, including the payment of debts and taxes, are paid out of the estate’s assets. Legal fees are also usually paid from estate assets.

The clarity with which a will is written will affect the duration and outcome of the process. Working with a qualified Georgia Estate lawyer to define exactly how your estate’s assets will be distributed is critical. If you are named as Executor or Administrator of an estate, a lawyer can explain your duties under Georgia Probate Law, help you fill out court forms and send the required probate notices. An attorney can also help you to meet all court deadlines. When issues between heirs and/or beneficiaries seem likely, or when they do come up, an experienced Probate litigation lawyer should be consulted so that delays in the proceedings, and additional costs, can be avoided.
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As an Atlanta, Georgia wills, trusts and estate litigation lawyer, I am often asked by potential clients to determine if any undue influence has occurred with respect to a Georgia will, trust, power of attorney; or, other legal document. Our Atlanta, Georgia probate and estate lawyers have pending will contest cases in Atlanta, Georgia (Fulton County) Decatur, Georgia (DeKalb County), Marietta, Georgia (Cobb County), Lawrenceville, Georgia (Gwinnett County) and Macon, Georgia (Bibb County). As such, I have seen a common theme in the Georgia law being used to litigate these cases. While I am of the strong opinion there is typically no one factor which in and of itself can establish undue influence, there are a number of factors, which should absolutely be considered.

In determining and establishing undue influence in a Georgia probate court, or other Georgia state court, many of the relevant factors to consider in determining whether or not undue influence exists include the following:

• The existence of a confidential relationship between the parties;

• The reasonableness or unreasonableness of the testator’s disposition of his estate;

• The testator’s dealings and associations with the beneficiary;

• The testator’s habits, motives, or feelings, and his physical and mental strengths or weaknesses;

• The testator’s family, social, and business relations;

• The manner and conduct of the testator; and
• Any other fact or circumstance that shows the exercise of undue influence on the mind and will of a testator, including evidence as to the bad character of the person(s) exerting the influence.

Under Georgia Law, a transaction is recognized to be the result of undue influence when the parties are in a confidential relationship with each other and one party has a superior mental capability than the party who is the victim of the undue influence.

There are many circumstances under which the undue influence may occur. Moreover, undue influence can take place in a variety of manners, modes of operation, and under many circumstances. Likewise, the parties who are exerting the undue influence can come from many surprising and unusual relationships or associations with the decedent.

As an Atlanta, Georgia wills, trusts and estate litigation attorney, I feel the variables should be evaluated collectively to determine the existence of undue influence. An experienced Georgia estate and probate litigation lawyer who is knowledgeable at assessing all the factors of a potential case should evaluate these variables.

The following are some examples of persons who may be the particularly susceptible to undue influence:

• Persons who are elderly, not competent, naive, gullible or easy to fool
• Persons who have family which live far away
• Persons taking any mind or behavior altering prescription medications, using alcohol or over the counter drugs

• Persons using illegal drugs
• Persons in criminal trouble, with economic or social problems
• Persons who are going through or have gone through major lifestyle changes such as moving, divorce, becoming disabled, etc.

• Persons who have friends or persons who tend to take advantage of their favorable monetary situation
• Persons who are not good with handling their economic affairs or otherwise not good with money
• Persons who are too trusting and not protective of themselves

It is important to understand, there is no standard list of the type of persons susceptible to undue influence. Likewise, there is no standard or norm for persons who engage in exerting undue influence. What is important is that if you suspect undue influence is occurring, is likely to occur, or you believe it has occurred in the disposition of a decedent’s estate or before the decedent’s death, then you should immediately contact an experienced Atlanta, Georgia, wills, trusts, and estate lawyer.

As a beneficiary or heir of an estate, you have options and legal rights under Georgia state law to have a will or other document declared null and void and set aside, recover assets and/or monies, damages, and possibly attorney’s fees. The Libby Law Firm represents heirs, and beneficiaries, in all Georgia wills, trusts, probate and estate disputes and litigation. We provide experienced legal representation through exceptional Atlanta Probate Attorneys. Our Firm has many decades of combined experience through its experienced Atlanta Probate attorneys and staff. We can assist you whether you are an heir or beneficiary. We also represent executors, administrators, and personal representatives in wills, trusts, and estate litigation matters.
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Georgia estate disputes can easily ruin relationships between family members. These types of issues include Georgia will contests and sticky situations such as the removal of a family member deemed unfit to be the executor of the will. We can all think of examples of famous estate disputes that have resulted in long drawn-out legal battles that last for years, even some that extend beyond the lifetime of the heirs. Due to the emotionally charged nature of probate hearings, when an issue comes to the surface during probate it is difficult to solve quickly without more emotional and financial damage to family members and a loss of estate assets.

Mediation is one alternative to allowing disputes to be resolved in a protracted probate trial. The Probate Judge will often prescribe a court ordered mediation to resolve conflicts between heirs and beneficiaries. This is done before the probate proceedings start or just after they begin, when conflicts have just come to the surface. During mediation the parties involved can air their concerns, present evidence and confront each other on the issues. Anything agreed upon between the parties during mediation is binding and will carry forward into the probate hearing. An experienced Georgia probate litigation lawyer can assist in this type of mediation by helping participants present their position on the issues.

There are some red flags to consider indicating that estate disputes are likely and mediation should be considered. These include multiple marriages during the life of the deceased, children who are left out of a will, preferential treatment of people outside of the family, special treatment given to certain children and family members (other than the spouse), recent changes to the will that cut out specific heirs and when the administrator or executor are slow to perform the fiduciary duties required of them. If these conditions present themselves, it is a good idea to consult with an Atlanta, Georgia probate attorney with expertise in estate litigation, who also has experience with dispute mediation. With good legal representation, all sides in the dispute can receive fair treatment and the probate process can move forward before the estate’s assets are spent.
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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

• Self-dealing

• Conversion

• Negligence

• 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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I have experienced first-hand the wide range of time frames and seemingly, intolerable leeway a Georgia executor or administrator has to carry out the fiduciary duties imposed pursuant to TITLE 53 of the Official Code of Georgia Annotated entitled “WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES”. Under this Title 53, the Georgia Probate Court likely will allow the any GA executor or administrator varying degrees of time in which to undertake the Georgia estate administration process in any decedent’s estate. Any acting executor or administrator who is qualified and in charge of an estate in Georgia Probate court has approximately six (6) months to create an inventory of all of the estate’s assets, liabilities, debts and other relevant estate matters, and issue and provide any beneficiary or heir of the Georgia estate an inventory and accounting. Moreover, this seemingly lenient rule of Georgia Probate Law is oftentimes waived by an unknowing estate beneficiary or heir if they “sign off”, or “consent” to giving the estate executor or administrator this leeway.

The unknowing beneficiary or heir oftentimes signs documents as requested by the Georgia executor or administrator, or their GA Probate Lawyer, without knowing or asking what these documents mean. It is essential for any beneficiary or heir to understand the impact signing any “release” will have on them in knowing and understanding the estate’s assets, liabilities, debts and other relevant estate matters such as the status of the estate proceedings or their inheritance. As a rule of Georgia Probate Law, you should be very cautious about any documents you sign. This is especially true if it is requested you sign anything having to do with an estate under which you are a beneficiary or heir, where you are requested to sign in front of a witness or witnesses or in the presence of a Georgia Notary Public. Under Georgia Probate law, you are deemed to have read, understood and presumably had the right to consult with a Georgia Probate Attorney or Atlanta, Georgia Probate law firm concerning the meaning and impact of these documents. In my Probate Law practice, I often see beneficiaries and heirs unknowingly waive important rights to their detriment. Moreover, many times it becomes a “he says she says” argument as to whether the beneficiary or heir knew or understood the dire impact of the documents she or he signed or if any explanation was given at all.

If you are a beneficiary or heir under a Georgia Probate Court estate, you should consult an experienced Atlanta Probate Law Firm before signing anything. As an experienced Georgia probate lawyer, I can not tell you how many time clients come into our Buckhead, Atlanta, Georgia Probate Law Firm after it is to late and the client-beneficiary or client-heir has given up many important rights they would have been entitled to had they not signed important empowering estate documents to their detriment.


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North Georgia estate disputes can easily ruin relationships between family members. These types of issues include will contests and sticky situations such as the removal of a family member deemed unfit to be the executor of the will. We can all think of examples of famous estate disputes that have resulted in long drawn-out legal battles that last for years, even some that extend beyond the lifetime of the heirs. Due to the emotionally charged nature of probate hearings, when an issue comes to the surface during probate it is difficult to solve quickly without more emotional and financial damage to family members and a loss of estate assets.

Georgia Probate Mediation in the North Georgia/Metro Atlanta area, is one alternative to allowing disputes to be resolved in a protracted probate trial. The Probate Judge will often prescribe a court ordered mediation to resolve conflicts between heirs and beneficiaries of a Georgia Estate. This is done before the probate proceedings start or just after they begin, when conflicts have just come to the surface. During mediation the parties involved can air their concerns, present evidence and confront each other on the issues. Anything agreed upon between the parties during mediation is binding and will carry forward into the probate hearing. An experienced North Georgia probate litigation lawyer can assist in this type of mediation by helping participants present their position on the issues.

There are some red flags to consider indicating that North Georgia estate disputes are likely and mediation should be considered. These include multiple marriages during the life of the deceased, children who are left out of a will, preferential treatment of people outside of the family, special treatment given to certain children and family members (other than the spouse), recent changes to the will that cut out specific heirs and when the administrator or executor are slow to perform the Georgia Law Required Fiduciary Duties required of them. If these conditions present themselves, it is a good idea to consult with an Atlanta, Georgia probate attorney with expertise in estate litigation, who also has experience with dispute mediation. With good legal representation, all sides in the dispute can receive fair treatment and the probate process can move forward before the estate’s assets are spent.
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As an Atlanta, Georgia probate dispute lawyer, I know a personal representative who “steals” or “defrauds” an estate, or otherwise behaves dishonestly, is a nightmare for a grieving family, the beneficiaries, and heirs. Unfortunately, I have seen in my Atlanta probate law firm practice, this occurs more than you might think. Inexperience with the legal and financial duties of a personal representative can lead to mistakes that have very bad results for the estate and its heirs or beneficiaries. In other cases, because executors and administrators are frequently family members or close friends of the person who died (decedent), they may have emotional or financial reasons for not being completely genuine. Or, they may have fallen on tough times and just think nobody is watching and no real harm will be done by “stealing” a “little bit” here and there.

Fortunately, Georgia fiduciary law allows you several ways to deal with a personal representative who is not meeting his or her duties, being dishonest or otherwise engaging in self-dealing. If you know ahead of time that the personal representative is not trustworthy, you may file a caveat — a probate law term for a formal objection — to that person’s role as personal representative. As a Georgia probate litigation lawyer engaged in will contests and probate disputes, I vastly prefer to take steps long before this stage, to minimize the costs to my client from both fraud and legal fees. Nevertheless, it is often not until the probate process is underway that heirs and beneficiaries realize that there are problems.

For that reason, the law also allows them to formally sue a dishonest personal representative for breach of fiduciary duty — that is, breach of the duty to act wisely and legally with another person’s money. In fact, you can file this type of claim when the personal representative has merely threatened to breach that duty, as well as when you have positive evidence that he or she has breached it. If you can prove your claim, you can ask a court to order one or more of the following remedies:

• Stop a threatened breach of fiduciary duty • Remove the personal representative • Replace the personal representative
• Compel the personal representative to do his or her duties • Reduce or deny payment to the personal representative • Have the personal representative pay back money stolen or lost because of a breach of fiduciary duty • Compel damage payments (compensation for the petitioner’s losses) from the executor or administrator (personal representative)
• Money or property given to the wrong beneficiary may also be placed in trust by the court while it works out the proper ownership.
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