Smyrna, GA asked in Probate for Georgia

Q: Dad passed away in Cobb County. Brother & I are co executors. Can my brother renounce this as he is out of state?

Unfortunately, my brother and I are unable to be in the same place at the same time to close out my father's bank account. If he renounces his duties as executor would this effect anything else? His life insurance benefits? We have full trust in each other... it is strictly a logistical issue.

Related Topics:
2 Lawyer Answers

John W. Chambers Jr

  • Probate Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: Your brother may renounce his right to serve, and unless your father named a successor co-executor, you could serve as the sole executor. The renunciation must be in a writing signed by your brother and his signature must be notarized. The renunciation must be filed with the probate court. Renunciation of the right to serve as executor should not have any effect on life insurance. You would have to review the provisions of the Will to see if it had any effect on any of the gifts. The executor generally is entitled to receive compensation for services as executor, and if your brother renounces his right to serve, he would forego his right to receive compensation for serving as executor. If you renounce your right to receive compensation, then it would not matter. This response is designed to provide general information only and not legal advice about your particular situation. It does not establish an attorney client relationship.

1 user found this answer helpful

Seth Meyerson

  • Estate Planning Lawyer
  • Winder, GA
  • Licensed in Georgia

A: Probate his will. Have brother agree to you only as the executor and grant you powers. See an attorney. Fairly simple.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.