Suing An Estate Executor Without A Lawyer In Georgia
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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.
If an executor does not do their job the right way, the beneficiaries of the Will can potentially sue for “breach of fiduciary duty”. In that instance, the executor can be held personally liable to all of the beneficiaries under the Will.
Under Georgia law, there is no time limit on settling an estate. After your loved one passes away, there is no set number of days or months to open an estate. The usual time frame is from two weeks to as long as six months.
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.
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.
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 executor in California commits misconduct while handling the estate of a deceased person, the heirs and beneficiaries may be able to get their rightful assets back by filing a lawsuit against the executor.
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.
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.
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.
