Learn Important Probate Essentials, including key things that go wrong in an estate, how to prevent them, and what to do if they happen.
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. Legal advice is specifically tailored to your particular situation. Please contact our office to receive specific information advice about your situation.
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