Answers to Common Questions and Situations

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What happens when an administrator goes rogue?

administrator goes rogue

What happens if there is an administrator of an estate who has cut off all contact with the heirs and it appears that the person may have transferred estate assets into their name?

In this case, we have an administrator gone rogue.

Under Georgia probate law, an administrator of an estate has a duty to the heirs of the estate to always look after their best interest, not engage in self-dealing, and to settle the estate as expeditiously as possible under the circumstances. This duty is called a fiduciary duty, which is the highest kind of duty you can have under Georgia law. It means that the administrator must put her interest behind the interests of the heirs of the estate.

When an administrator fails to uphold her fiduciary duty, there are severe consequences. This is especially true if you can prove that the administrator engaged in self-dealing or clearly put her interests ahead of the interests of the heirs, and harmed the heirs as a result.

If you or someone you know is experiencing this type of situation, I would advise you to get a probate attorney to help you. There are options in this situation, but it is dangerous to wait too long because personal property and money can disappear, and real estate can be sold. If that happens, it can be very difficult or impossible for you to get it back.

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Disclaimer: The information above is provided for general information only and should not be considered legal advice. Our probate attorneys provide legal advice to our clients after talking about the specific circumstances of the client’s situation. Our law firm cannot give you legal advice unless we understand your situation by talking with you. Please contact our law office to receive specific information about your situation.

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About the author

Erik J. Broel
Founder & ceo

Erik founded the firm in 2009. He sees it as his personal mission to demystify the process of handling an estate or trust, and to help people by making the complex estate process simple and accessible. He believes there is always a better way to do things, and loves finding new and innovative ways to deliver better, more effective service that solves the client’s key problem or issue, and improves the client’s life.

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