Legal Question in Wills and Trusts in Georgia

excutor

can you contest who is named executor of a will before the will has been filed for probate? I believe that person is violating his fiduciry duty by giving away assets & allowing non-interested parties to take property from the home of the dead person he is suppose to look out for.


Asked on 7/04/07, 7:43 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: excutor

If the person is not the executor (and until a court swears him in he isn't) has no duty to the estate at this time.

Your remedy, if a will has not been probated, is to get a lawyer quickly, and file whatever is necessary in probate court before more happens. If you sit back and watch it happen, you may lose the ability to deal with it later.

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Answered on 7/04/07, 11:08 pm
Robert Thompson J. Robert Thompson Attorney

Re: excutor

Yes, but you will need the services of a probate attorney to accomplish this.

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Answered on 7/05/07, 9:41 am


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