Legal Question in Wills and Trusts in Georgia
yes' question. my brother is the personal representative administrator of our mother estates but he did not do his duties. he has lie and stole money from the rest of us family members. question. if we ware to ask him to remove himself from his duties can he do it and if he refused can we the family have him remove and if so how?.
2 Answers from Attorneys
If he is a thief, you do what should have been done already. In the morning you get a lawyer to petition to remove him.
Attorney Ashman is correct as is usual but I add the following - lying is not necessarily a crime but stealing is. If he has stolen money from anyone, then before you toodle off to a probate attorney you need to look into having the victims of his thefts make a beeline to the magistrate to take out criminal charges against him.
You say your brother did not do his duties. In what way? Did your brother take money from the estate at all? Did he cause any loss to the estate? Was there a bond posted by chance?
Your brother can voluntarily resign as executor - if you don't want to see your bro wind up in jail, then you might want to offer him a choice - step down and restore all moneys to the estate (if he stole from the estate or caused any loss) or else you and any other victims will not only petition for his removal but institute criminal charges against him if he has done things which amount to criminal behavior (you used the word stealing and theft is a crime - so I assume you can back up this allegation with facts).
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