Legal Question in Wills and Trusts in Georgia
The executor of my father's estate won't answer any questions concerning what is happening in the probate process. Is this legal?
2 Answers from Attorneys
Of course there is no law requiring an executor to answer every call and every question you could possibly have, no matter how many times you ask. If you have a question based on actual specific facts, you might get a meaningful response.
There is no law against it. I am of the opinion that more communication should be the norm not less but each case is different. Being an executor can almost be like having a second job and if the executor answered all of the questions posed it can be time-consuming. Although the executor could defer to the estate attorney if there is one, the attorney is going to charge for answering questions.
Wills and related estate administration documents are a matter of public record. That means that anyone can see them. The important documents in the file are the will, the application for letters, the order granting letters and appointing the personal representative, an inventory, notice of publication to creditors and an accounting. There may be other documents that are important, depending on the case.
What I would do is contact the probate court where the estate is pending and make a copy of the file. If you physically cannot get to the courthouse, find someone who can. If you are stuck, you can ask the clerk how many pages there are and the printing costs; if they will make copies for you, send them an instruction letter, payment and a self-stamped return envelope for the clerk to send them to you. If that will not work, then hire a local probate lawyer to pull the file, review the documents and discuss them with you. It will cost money, but I don't see any alternative other than posting specific legal questions on a site like Law Guru, but its hard to answer questions without review of the documents.
If your review indicates that the personal representative is not doing his/her job properly, then you can hire the probate attorney to file a petition to remove the personal representative. This costs money and you have to show that they are not performing their duties or are appropriating assets improperly, not just that he/she will not answer your questions.
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