Legal Question in Real Estate Law in Georgia

My father died without a Will owning about 30 acres that he had before he and my step mom got married. He had two daughters; one is deceased and I have 2 of her 4 children. My step mom had one daughter who also had 2 daughter my step sister has passed away as well. My step mom got everything but in her Will she divided everything between me and my sister and step sister. One of my step nieces was executor of the estate and she took out a $25,000 loan on the entire estate and only paid one years taxes she then defaulted on the loan and her dad started paying on the note. She is in Breach of Fiduciary Duty. My other step niece has been living on the property in the house my dad built since 2007. Not paid any taxes or rent and keeps changing things on the estate. I thought that until the estate was settled we were suppose to change anything without everyone being notified and in agreement. This estate is also in Georgia.

Asked on 5/30/13, 7:03 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office

You asked no question in your post, so there's no way to really answer you.

First of all, if there is no will she is NOT the executor. Executors are appointed ONLy where there is a will. (She may be an administrator). While the behavior you mention MAY be improper (it depends on what the court papers say), nothing at all happens uinless an heir makes a timely complaint in probate court. Since you say some of this happened many years ago, you may well have waited years too long to complain. See a lawyer today (not soon, but now), bring copies of the complete probate court file, and see if there are any remedies available now.

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Answered on 5/30/13, 8:57 am

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