Legal Question in Wills and Trusts in Georgia

File a civil case against brother and wife for tort and neligence in their durbale power of attorney. The courts was me as executor per my father will. The sheriff has serve the wife, but the brother is avoiding being sereve.

Asked on 5/15/13, 3:07 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Do you have a question? If so, the person to answer is your lawyer.

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Answered on 5/15/13, 3:09 pm

Glen Ashman Ashman Law Office

You didn't ask a question, so there's nothing to answer. I gather you don't have a lawyer, as there is no such thing as a tort case or negligence case arising out of a power of attorney, and if you're executor of a will, the power of attorney is now void as it passes when a person passes. Pro se caseas are almost always disasters, and since you apparently don't know the difference between torts, probate and contracts, you are headed for a disaster in court. You're going to do even worse when you don't know how to serve a person in hiding (lawyers know whom to get to handle that). So get a lawyer who is likely going to dismiss what you filed, determine if you have a case about anything else, and then assist you.

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Answered on 5/15/13, 3:16 pm

As noted by the attorneys, you do not pose a question. While powers of attorney end at death, if your siblings held the power of attorney and abused/misused it while your father was alive, then you as executor of the estate for your father could indeed sue them for their misconduct. Service can be made by the sheriff or a process server. If your brother is avoiding service, then application can be made to the court to have him served by publication if all other things fail.

And as Attorney Ashman has noted, you should not be doing this pro se as you are settling yourself up for failure. You should have a probate litigation attorney representing the estate and filing suit against your brother and sister.

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Answered on 5/15/13, 3:26 pm

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