Learn Important Probate Essentials, including key things that go wrong in an estate, how to prevent them, and what to do if they happen.
Under Georgia law, any person in possession of an original will of a deceased person has an obligation to deliver the will to the appropriate probate court. Probate law does not require the person to probate the will, but only to give it to the court.
The person named in the will as executor is not the only person who may be qualified to administer and manage an estate. In fact, the person named in the will is only first in line to do so. If that person declines to serve or will not serve, then anyone may file a request with the probate court to be appointed to manage the estate.
Since it has been several years and nothing has been done in this estate, the best option may be to request that the probate court appoint someone to represent the estate, and to ask the court to force the person holding the original will to bring it to the probate court. That will unclog the situation and get the estate moving in the right direction
Does this situation sound familiar? We can help fix it. Contact our office for a complimentary consultation.
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.
After a loved one passes away, it is not uncommon to want to begin handling their affairs right away. Often, one of the first things the family will want to access the deceased’s bank accounts. Unfortunately, they quickly learn that the bank will not speak with them or give them any information, l...
What happens if it is discovered that the deceased had dementia when the Will was created? Does that mean that the Will is automatically invalid or that the Probate Court will not accept it? We will discuss these questions in this post. My name is Erik Broel & I am the founder & CEO of ...
When can the Estate cover attorney's fees? This is a common question with a somewhat complicated answer. We’ll cover the basics 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 ...
© 2021 Georgia Probate Law Group by Broel Law, LLC. All rights reserved.