Legal Question in Wills and Trusts in Georgia

Long story...will was probated but exceutor never changed the deed into his name he left it in my moms..he is nowin jail again and looks like a life this can i intervein and protect my mothers property?

Asked on 7/24/14, 4:37 pm

1 Answer from Attorneys

Why would the executor transfer property into his name? That is not how it works.

Since executor is in jail, then he needs to renounce executorship. If he will not do it voluntarily, then file a petition with the probate court to have him removed and yourself or someone else named as successor. Then complete the estate administration and have the new successor transfer the property into the name of the designated beneficiary.

You will probably need a probate attorney to achieve this. You need a local attorney who practices in the county where the estate is pending.

What are you "protecting" your mother's property from? This may or may not have anything to do with the probate of the estate. Since you provide no relevant details you will have to discuss with the probate attorney. The probate attorney will need the will and deed to any real property involved. The probate attorney could prepare a renunciation for the executor to sign if he will do so voluntarily.

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Answered on 7/24/14, 6:24 pm

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