Legal Question in Wills and Trusts in Georgia

I am trying to help as best as I can, but I am located out of state and I do not actively litigate in Georgia as it is too difficult for attorneys who live out of state.

I do not have the judge's order in front of me and cannot see what it said. I still don't know what you mean by "the judge attached a trust to the estate." Its not your fault if you are using the wrong words but these things have a legal meaning and I just do not understand the context.

It is a mistake to represent yourself pro se. I am not saying that to be mean. Nor am I trying to drum up money for lawyers. Judges do not like pro se litigants as they do not follow the rules and things are always screwed up procedurally. More importantly, you may run the risk of harming your case because the judges will expect you to do follow the rules and if you don't file things right they will deny you relief.

The point is the judge ordered her to do something. Has she done it or not? If she complied and put the money back, what other financial loss has she caused to the estate if any?

If the judge has not ruled, I would file either a second motion for her removal or a motion for clarification of the prior order stating that it was unclear as to whether she should stay on or go. If she stays, then I don't see how you can sue her or close the estate.

If the answer is no she has not complied, then I would go back to the probate court and ask them to hold her in contempt for not obeying the court order. I would also ask again that she be removed as executor. Then get yourself appointed and then sue her for financial loss she caused to the estate. Once she pays money back to the estate and assets are distributed, then it can be closed out.

Fraud and mismanagement are just theories or grounds on which a cause of action is based. Punitive damages are only awarded in rare cases where there is especially egregious outrageous conduct. I will give you an example:

A guy worked for an electric company at one of the nuclear power plants. He was fixing something and was in a steam tunnel. The company knew the guy was working but elected to release radioactive gas anyway in the tunnel. The court found that punitive damages was proper because the company acted egregiously.

I have not researched punitive damage law in Georgia and maybe they have a more relaxed standard. But my guess is that unless the conduct was really outrageous (and this will be up to the judge) then you can't sue for punitive damages.

I would talk to your niece's husband and see if he can assist in finding you a probate litigation attorney. Some attorneys may be willing to take a percentage of any assets that they recover for you - it depends on exactly hpw much money you are going to get to know if this is feasible.