Legal Question in Wills and Trusts in Georgia

I am co-executor of my grandfathers will, recentley I was told by the other executor that I was removed from my position? Is that possible, and would I not have to be notified by the court system if that was true? My grandfather left me in the position because he knew the two sons would fight over it all and that one son would bully the other. My Dad (one brother) passed this year and the other brother is know trying to bully me because he wants to controll the estate. Any comments would be appreciated, I have very limited legal funds or help. Thanks


Asked on 7/09/12, 6:34 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Executors can be removed only by court order. And executors should never accept the job without having a lawyer. That means you AND your lawyer would get notice. Since you now know that your co-executor has likely lied, you now understand why you need your own lawyer. Get one.

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Answered on 7/09/12, 5:48 pm

I have to agree with Attorney Ashman. You cannot be removed absent some court order or your voluntary resignation/renunciation.

You are going to have a battle on your hands. I don't think its a good idea to have co-executors. People seldom agree all of the time on everything and there are going to be clashes. You have already seen an example of it by your uncle's conduct.

If you had money, I would try to get your uncle removed. However, litigation is very expensive. You need to closely ready your grandfather's will. Did your father die before or after your grandfather? If after, how much after and did the will have any kind of survivorship requirement? If before, what did the will say about what would happen to your father's share of the assets?

The reason this is relevant is that if everything is going to end up going to your uncle, then do not bother being a co-executor. If a substantial share of the property is going to pass to you and your siblings, then you do not want your uncle to be in charge. Given his actions thus far, I don't have a great deal of confidence in your uncle's ability to fairly adminster the estate. He is going to use/abuse his power to see to it that he gets the lion's share. Which gets back to my suggestion that you want to get your uncle removed in such case becaues this going to be a never-ending battle otherwise.

I would take the will to a probate litigation attorney in the county where the estate is pending, if a petition for probate has been filed. Pay the lawyer to review the will and see what it would cost to have the attorney assist you in removing your uncle.

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Answered on 7/09/12, 7:54 pm


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