What can you do when you think the Personal Representative has misappropriated estate assets?

What can you do when you believe the Personal Representative has misappropriated estate assets?  Are you out of luck?  We’ll cover this topic and more in this post.

My name is Erik Broel & I am the founder & 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.

Often when you think a Personal Representative has misappropriated estate assets, you may not have a lot of information. That lack of information often drives suspicion.  After all, why would someone refuse to provide information if everything was done right and above board?

Common ways to obtain information about what has occurred.

As a result, the first order of business is usually to obtain information about what has actually occurred. There are a number of ways to do that. I’ll go over some of the most common ones.

First, you can simply ask.  If the relationship dynamic is poor, this can often be accomplished more successfully through an attorney because it takes the emotion out of the conversation.

If asking does not work, then a formal written demand for accounting is often a good next step.  If that does not get anywhere, or if the information provided is insufficient, then a formal petition for accounting can be filed with the Probate Court.

If estate assets were misappropriated.

Once the information and backup documentation have been reviewed, there are options available if estate assets were in fact misappropriated.  A petition can be filed with the Probate Court to remove the Personal Representative from office.  In addition to that, you can request damages against the Personal Representative. If approved, those damages can be recovered against the Personal Representative themselves, or can often come from the inheritance the Personal Representative is supposed to receive.  Finally, if the Personal Representative was required to post a bond, then the Probate Court has the authority to order the bond to pay to make the Estate whole.

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.

You also can reach out to our office at (770) 796-4582 to set up a consultation.