Legal Question in Wills and Trusts in Georgia

Your brother is the executor of the estate. Your father obviously had a will. Has the will been filed for probate and your brother petitioned to be appointed as the executor? If not why the delay?

The executor has to file the will. Heirs get notified. Have you received a notice?

What all did your father own at the time of his death and how was it titled if you know?

If your father was alive, your brother would have had to have been on the box or had a financial power of attorney to access the box. How was it that your brother was able to remove items from the safety deposit box? If he was on the list of person authorized or if he had financial power of attorney, he is not required to answer any of your questions about what was in the box or removed therefrom. If he was agent under a financial power of attorney, then your brother's duty would be to account for any items to the executor of the estate (which is himself) and to list these items on the inventory which is filed approximately 90 days after the executor is appointed.

I suggest you think - what is most likely to have been kept in the safe deposit box. Jewelry? Coin collection or other valuable? Deed to property? If your father owned land, then you can contact the recorder of deeds' office in the county where the land was located and get a copy of the deed. Many counties are online and you can do your own searching if that is the case provided you know what county the land was located in. If it was a valuable item it would be noted on any inventory.

What all did you know or have reason to believe your father owned that would constitute a probate asset? If your brother is not taking steps to probate an estate, then i would contact a probate litigation attorney who practices in the county where your father resided at the time of his death and I would see about compelling your brother to (a) file the will and (b) probate an estate if your father had probate assets. If your brother will not do his job, then he can be removed as executor and you or anyone else can be appointed. Once in charge, you could then compel your brother to disclose any information about the safe deposit box.

I will caution you that litigation is extremely expensive. Its not something that is done pro bono. And there have to be estate assets there to make it worthwhile to pursue. You will not be able to get answers until litigation is pending against your brother. So you had better have an idea that he is hiding something of value before embarking on this. It may be that if you talk with a probate attorney he/she can make inquiry on your behalf. However, if that does not work then the only recourse is litigation. Good luck.