Q: Father's will in GA stated no acct, no returns to any court. 2 years later very little info from executor. What can I do
All 4 beneficiaries agreed to executor and will. Had no reason to believe executor who is a beneficiary would not share information and make all decisions. He has been asked many times and refuses to share info. What can I do independently to force him to share. I would rather not force litigation as I do not think it would be worth the financial/emotional cost to me. I feel I should be informed what assets were in the estate, what happened to them, and what monies left the estate and why. What options do I have to require the executor to share information.
A:
See the Georgia statute below (assuming the estate is pending in Georgia). There is no requirement that an executor share information the executor's job is to figure out what the deceased owned and owed, pay the debts and distribute what is left to the beneficiaries.
I don't understand the hold up here - the executor should have paid the bills, if any, and distributed what is left to the heirs. Estates are concluded in 1-2 years. So you should have received distribution of your share by now unless the estate is unduly complex.
Was any inventory filed or was this excused as well? If it was, then I would see what is listed as property belonging to the estate. i would also check the court file to see what claims were filed against the estate as this will give you an idea of what debts there were.
If there is no inventory, what assets did the deceased have and how were these assets titled? Are they probate assets governed by the will? Or did they pass outside probate?
If there is something funny going on as shown by your review of the estate file, then you unfortunately are going to have to hire a lawyer. Executors can be removed for not doing their job. I suggest that all of the affected beneficiaries (other than the executor) get together and hire one lawyer.
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OCGA § 53-7-69. Power of testator to dispense with necessity of return
A testator may, by will, dispense with the necessity of the personal representative's filing an annual return with the probate court or the beneficiaries or both, provided the same does not work any injury to creditors or persons other than beneficiaries under the will. If a will was executed in another state and the will is valid in this state and under the laws of the state where the will was executed the personal representative would not have been required to file annual returns or if the will otherwise expresses an intent to relieve the personal representative from all reporting requirements, such a will shall be construed as dispensing with the necessity of annual returns in Georgia, provided the same does not work any injury to creditors or parties other than beneficiaries under the will. In all wills, regardless of the date of execution, relief from filing returns with the court shall also relieve the personal representative from sending a copy of the return to the beneficiaries.
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