P.1 I don’t trust the Personal Representative. What are the common red flags that something may be wrong with how they are handling everything?

Common Red Flags Part 1: Lack of Communication

A lot of our clients reach out to us because they are having issues with the Personal Representative of the estate. Sometimes the relationship that our client had with the Personal Representative has never been good and now it is just getting worse. Other times, the relationship was fine before but now the Personal Representative seems to be secretive, non-responsive, or defensive. How do you know when enough is enough and you should get help? What are the red flags to look out for? We will answer these questions and more in this post.

My name is Erik Broel, and I am the founder and CEO of Georgia Probate Law Group. At our firm, we help families who have lost a loved one navigate the complex and confusing legal process so they can make sure the estate is handled properly and their loved one’s memory is honored. Everything discussed in this post is for general information and is not legal advice – for specific information about your situation, please go here to request a complimentary consultation with one of our inheritance lawyers.

The Personal Representative of an estate has a very important role in the probate process. They are appointed to manage the estate and ensure that it is settled correctly. The Personal Representative is responsible for making decisions for the estate that can directly impact the heirs and beneficiaries. The authority of the Personal Representative also comes with a fiduciary responsibility to all heirs and beneficiaries. That means that the Personal Representative cannot put their own personal interests above the interests of the estate.

One of the most common challenges that come up regarding the Personal Representative is a lack of communication. To solve this, it is best to have a timeline established on when communication will occur. For example, you could determine at the beginning of the probate process that there will be regular status updates either by phone or email once a month. This communication helps to ensure that everyone involved in the estate remains on the same page and feels confident that things are moving forward.

If a Personal Representative is ignoring phone calls and emails, or refusing to give a status update on the progress of the estate, that can cause justifiable concern and uncertainty for the heirs and beneficiaries. Our legal team uses many strategies to help open the lines of communication. If you are in a situation where the Personal Representative is not communicating with you, please reach out to us for a complimentary consultation.

For more information about this and other probate topics, please go to GPLG.com/Handbook to download a complimentary copy of our Georgia. Probate Handbook. You’ll learn the key things that go wrong in an estate, how to prevent them, and what to do if they happen.