Suing An Estate Executor Without A Will In Georgia
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Administering an estate or trust can be a lengthy and complex process, often taking months or even years to complete. This responsibility may require a significant time commitment, which can be particularly challenging if you have a full-time job or other personal obligations.
An executor in Georgia typically has six months to a year to settle an estate. However, the exact timeline can vary based on the estate's complexity and any disputes. Here are the key steps and what to expect.
An executor can sell estate property without all the beneficiaries approving. However, there are some important caveats to consider. Their power is not unrestricted.
An executor is also responsible for dealing with the deceased's financial liabilities. This includes dealing with the income tax position of the deceased from the date of death to the end of the administration period, as well as any capital gains tax liability on the disposal of assets.
This is because as a trustee, on behalf of a charity, you enter into contracts in your own name. If the contract is breached you may be held to be personally liable and your own personal assets may be at risk.
Liability when an executor makes a mistake Unfortunately, a genuine mistake can sometimes snowball into a much bigger and often expensive problem that can be very complicated to resolve. The executor of an estate can be held personally liable for a mistake that results in a loss to the estate.
If the deceased does not have a will, a family member can petition the court to be appointed as administrator. An Administrator of an estate has many of the same duties as an executor, however, rather than follow a will, they will distribute the estate ing to Georgia law.
File a Petition for Letters of Administration. This will let the court know they must appoint an administrator to distribute the assets of the estate. The form must be filed in the county where the deceased lived.
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.
Creditors in Georgia have three months from the date the notice is published to file their claims (O.C.G.A. § 53-7-41). If creditors fail to meet this deadline, they generally lose their right to collect the debt from the estate. Executors are not required to take action on claims filed after the deadline.
