Legal Question in Wills and Trusts in Georgia

Re: When is Fund Disbursement

Mr. Wood presents an excellent analysis. Having served as an executor, CPA and attorney for various estates, I would make the following observations:

1) Professionals and fiduciaries will usually be very cautious about distributing funds if there is any prospect of potential liability. Liability normally ends after the creditor notice period assuming no requirement for a federal estate tax filing;

2) Despite the liability issue - I always make sure that the estate beneficiaries are properly informed about significant matters affecting the estate. It sounds a little fishy to me that you are not being given a satisfactory

answer to your question. If it were me, I would write a letter to both the executor and attorney (certified w/ return receipt) asking for a written response to your inquiries concerning the estate and the distribution of funds. If the attorney fails to answer in a reasonable time, contact the Georgia Bar Association about the matter.

Re: When is Fund Dispersement

Well assuming that you can make out the correct factual showing and assuming that the lawyer does not have a good reason (a good reason is waiting on the IRS clearance letter), then the proper procedure is to bring a motion to hold the Executor of the Estate in Contempt of Court for failure to settle and distribute. OCGA 53-7-163. These motions are ususally successful the 2nd, not the 1st time. Usually the Probate Judge will simply order the dist. at the contempt hearing. Anyway here is the statute. 53-7-163 (a) Any person interested as distributee or legatee may, after the expiration of six months from the grant of administration, cite the administrator or executor or his personal representative to appear before the judge of the probate court for a settlement of his accounts. Alternatively, if the administrator or executor chooses, he may cite all of the distributees to be present at the settlement of his accounts by the judge. The settlement shall be conclusive upon the administrator or executor and upon all the distributees who receive notice of the hearing. The judge may, in his discretion, give the administrator or executor additional time to settle the estate.

(b) If the administrator or executor fails or refuses to appear as cited, the court may proceed without the appearance of the administrator or executor. If the administrator or executor has been required to give bond, the surety on such bond shall be bound by the settlement if the surety is given notice by personal service of the settlement proceeding in the probate court. If one or more unsuccessful attempts at service are made by the sheriff or his deputy upon the administrator or executor at the last address of the administrator or executor in the court records and it appears to the judge of the probate court that further attempts are likely to be futile, then service shall be sufficient upon the administrator or executor for purposes of this Code section if the citation is mailed by first-class mail to such address.

Hugh C. Wood