Westbrook, ME asked in Probate for Georgia

Q: My mother's will is in Georgia. My sister is PR but has delayed doing her job for almost 2 years. What are my options

to move the wrapping up of the estate forward? Thank you for your help.

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2 Lawyer Answers
Robert W. Hughes Jr.
PREMIUM
Robert W. Hughes Jr.
Answered
  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: You can file a motion to compel production of will. You can file a petition to appoint permanent administrator and tell court what is going on.

John W. Chambers Jr
John W. Chambers Jr
Answered
  • Probate Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: It depends on whether or not your sister has been appointed as executor. The appointment of an executor by the probate court does not occur automatically, but must be initiated by the filing of an appropriate petition by the person named in the will as executor. Georgia law provides certain rights to beneficiaries of a will to compel the executor to act as required by law. However, before filing anything with the probate court, you might want to have an attorney write your sister (or her attorney if she has one) and request that she provide you with an accounting and a plan of distribution. You should seek the advice of a probate attorney in connection with this matter.

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