Legal Question in Wills and Trusts in Georgia
My grandfather is recently deceased. In his will, that my family plans on contesting, everything is left to his caregiver. She has been staying at my grandfather's home since he passed away and would occasionally stay there when he was alive but still has her own residence. She has been taking things from the property such as clothes, is there a way I can legally remove her?
1 Answer from Attorneys
Everything being left to the caregiver does not tell me who is the personal representative. Nothing should be removed until the personal representative has the chance to inventory it.
Is the caregiver the personal representative as well as the beneficiary?
If so, then has she probated the will? Does the will excuse her from filing any kind of an inventory?
If your family plans on contesting this, they need to get off their duffs and get a lawyer NOW.
You all need a probate litigation attorney who practices in the county/state where your grandfather lived at the time of his death. The family needs to file a challenge called a will caveat. Ideally, the grandfather's will needs to be invalidated. When did he make this will leaving all to caretaker? Second, if the caretaker has probated the will and applied to be personal representative, the family needs to get an order enjoining her from disposing of assets and to freeze all assets until the will caveat is decided. If she is not doing her job as personal representative correctly, she can be removed as the personal representative too.