Video on what to do if an executor does not follow the will.
What Can You Do If An Executor Does Not Follow The Will?
Sometimes you know the executor is not acting in the best interest of the estate.
But you may not know what to do if the executor does not follow the will.
That can feel very frustrating because you want to make sure the estate is handled properly, but you don’t know what can be done.
There are options available.
Today, we’re going to look at some of the sanctions a court can impose on an unfaithful executor.
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.
When an executor is appointed, they are entrusted to handle the estate properly in accordance with the Will and Georgia law.
When an executor breaches their fiduciary duty, it can feel like a betrayal.
What Can The Court Do When An Executor Does Not Follow The Will?
Fortunately, Georgia law has some strong provisions in it that provide the court with wide ranging authority to end and punish that type of behavior:
- The court may order the executor to pay damages to fix financial harm to the estate.
- If the executor is refusing to perform a required duty, the court may order them to perform it.
- The court may order the executor not to take a certain action on behalf of the estate.
- The court may remove the executor and appoint a new person in their place.
- The court may reduce or deny compensation to the executor.
These categories are broad and there are a number of different ways they can be used depending on the circumstances.
For example, if the executor has taken money from the estate it would be common for the court to order the executor be removed, compensation denied, and the money taken be paid back.
As you can see, the categories are not mutually exclusive and can be used in a number of different ways to fit the facts of the case.
Everything discussed in this article is for general information and is not legal advice.
If you are in a situation where you have concerns about an executor not following the will, I recommend you reach out to our office at (770) 920-6030 to set up a consultation.
If you’re not quite ready for a consultation, be sure to download our Georgia Probate Handbook so you know how the estate is supposed to be handled.