Legal Question in Wills and Trusts in Georgia
Administrator delaying settlement of estate
After three hearings probate judge removes executrix (my older sister) and appoints administrator July 2001.Met with administrator shortly thereafter to discuss missing funds, personal property and automobile that the FE (former executrix) took from the estate.Now four years later when pressed, the administrator admits that he has made no effort to recover this property.He has not made any contact with the FE to demand that she return the money or the personal property. Someone in his office called about the automobile, but when the FE refused to return it, the matter was dropped.I wrote him a letter in March and my younger sister sent one in April. As of today he has not responded to either letter.I called his office several times over the course of a week and finally caught him in yesterday. When asked what he intended to do, he said that he would hire yet another attorney to litigate the matter.I contend that he should make some effort , ie. write some letters to the FE and that failing, file a motion for a hearing before the probate court. If the probate court rules that the FE must return the monies and property, then hire a litigator and take it to superior court.
1 Answer from Attorneys
Re: Administrator delaying settlement of estate
Executors (and executrices) and administrators have a fiduciary duty to properly exercise their duties. They can be sued if thy don't. However, your situation is too complex to address in this type of forum. You should consult with a local attorney because many facts need to be addressed. E.g., I am confused about why there was at one point an executrix (which by definition means someone to handle the terms of a will) and then there was an administrator (which, by definition, is the person to handle an estate in which there is no will).
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