Suing An Estate Executor For Misrepresentation In Georgia
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If the executor fails to meet their legal obligations, a beneficiary can sue them for breach of fiduciary duty. If there are multiple beneficiaries, all must agree on whether to sue an executor.
Proving Executor Misconduct Pull the bank statements, transaction records, and communication logs. Beneficiaries or others involved in the probate process can provide detailed accounts of the executor's actions. You need a sharp attorney to gather evidence, file the motions, and fight for your interests.
Letters of Testamentary, also called Letters of Administration or Letters of Representation, is a document issued by the probate court. The document grants the authority to an estate administrator, executor or personal representative to manage the deceased taxpayer's affairs and estate.
An heir or beneficiary who thinks the executor is not doing as the will directs or is not acting in the interest of the estate has the right to appeal to the probate court.
If an interested party believes that an Executor has committed acts requiring removal, they can hire an Estate Litigation Attorney to petition for that fiduciary's removal. Further, if the Executor's wrongful act has damaged the Estate, the Attorney can also Petition to force the Executor to file a Formal Account.
Any interested party that wishes to remove an executor would have to petition the probate court to have the executor removed and present a reason. It's best to have a qualified probate lawyer advise you first and help you with this petition.
Can An Executor Sell Estate Property Without Getting Approval From All Beneficiaries? The executor can sell property without getting all of the beneficiaries to approve. However, notice will be sent to all the beneficiaries so that they know of the sale but they don't have to approve of the sale.
You also have the right to sue the executor for breach of fiduciary duty. If you think that the executor is simply failing to act or otherwise delaying things, you can petition the probate court to require the executor to act or even to have the executor removed.
If an interested party believes that an Executor has committed acts requiring removal, they can hire an Estate Litigation Attorney to petition for that fiduciary's removal. Further, if the Executor's wrongful act has damaged the Estate, the Attorney can also Petition to force the Executor to file a Formal Account.
A legal notice to creditors will be published in the newspaper. Claims must be filed within ninety (90) days of the last publication.
