Legal Question in Wills and Trusts in Georgia

Executor not acting

It has been 11 years since my fatherís death. My fatherís girlfriend and I are co-heirs to his personal goods. She is also the executor of the will. Furthermore, she is also in possession of the property in question, which consists of a valuable book collection, art, antiques and personal effects.

Last Spring I asked her what she wanted to do about probating the will and she responded that wills not involving real estate are not usually probated. So I asked her what she wanted to do about executing the will and she said she was not inclined to take action. Because she is in possession of all of my fatherís things, she has no motive for executing the will.

Iím not sure what steps I should take to resolve this issue. Can you advise?


Asked on 12/03/06, 5:38 pm

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Executor not acting

You can sue in probate court to get the estate probated.

The possible downside: It will likely be very expensive and a family feud, and may result in the sale of items that might have been kept in the family.

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Answered on 12/03/06, 7:11 pm


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