Legal Question in Wills and Trusts in Georgia
My brother is the execuitor appointed for my mothers estate. However, another family member is trying to take over the estate. What are our legal options to stop this from occurring?
2 Answers from Attorneys
Your brother needs to get a lawyer (and should have had one before now). It is not something for free advice on the internet.
How can another family member "take over?" This is not possible absent a legal petition to have the executor removed. The executor can generally be removed only for not doing his job properly - either not administering the estate properly, abusing power or for taking money or spending money improperly.
If a removal petition has been filed, then your brother definitely needs to hire estate counsel as noted by Attorney Riddle. The executor should have done this at the outset as it might have saved aggravation by making sure that things were done properly.
Since your brother is the executor, he is the one that needs to hire a lawyer. You are a beneficiary and cannot do too much unless you are asked to respond to the petition.
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