Legal Question in Wills and Trusts in Georgia

Conservatorship question RE: what petition to file

A nephew of the elderly Ward has presented an invoice for work done on her property 2 years ago, before I was named Conservator. Another family member was Conservator at the time and due to lack of funds never paid him. Can I pay him? Do I need to file a Petition to Encroach or a Petition to Sell, Rent or Otherwise Dispose of Assets? Or can I just list the expenditure on the Inventory and Asset Mgmt. Plan and the Return at the end of the year?


Asked on 4/12/08, 1:12 pm

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Conservatorship question RE: what petition to file

You can and should pay legitimate debts of the Ward. However, if I understand your situation correctly, I would be suspicious if a bill is being presented for the first time after two years. Depending on the amount, you may just be able to pay it as a normal expense, such as utilities, etc. Since I obviously don't know all the circumstances, you might want to call the probate court that is overseeing the case and ask for direction. (Technically, those folks are not supposed to give legal advice, but they can tell you how their judge looks upon situations like yours.)

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Answered on 4/12/08, 3:21 pm


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