Atlanta, GA asked in Criminal Law, Probate and Estate Planning for Georgia

Q: My father was sworn in as Executor to my Grandfather’s Estate, and Georgia Probate Court suspended and then revoked him

as Executor, and embezzled the estate assets into my sisters company,

3 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: You didn't ask a question, but I am guessing that your question is something along the lines of whether you or your father has any kind of remedy for what you consider to be a wrong perpetrated by the probate court or your sister or both. This forum is for questions of a general nature, not for advice on highly specific, complicated fact situations. For that you need to schedule a consultation with a local probate attorney.

However, I will go out on a limb and suggest that it will probably be an uphill battle to prove that anything was done wrong. The suspension or revocation of an executor by a probate court is quite extraordinary and usually done for very good reasons proved with ample evidence to the satisfaction of the judge, and your dad would have had the opportunity to defend himself against the petition for his removal. So what you are asking here is for an appeal on the merits of that decision. In general, appellate courts are highly deferential to the findings of fact made at the trial court level, and this situation is usually all about facts, not controversy over application of the law, so most likely you will lose unless something truly egregious happened such as the judge suppressed important evidence or was compromised in some way.

Joshua Schiffer
Joshua Schiffer
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: I agree with my colleague below in that this is quite an issue to unpack and work on. You need a local lawyer familiar with your probate court as the remedies used in this matter are on the far end of the spectrum and they had better have been justified. So there is more to this issues that needs to be explored.

If the assets rise to a justifiable amount, hiring a lawyer is the first step you need to take in order to protect your rights.

Robert W. Hughes Jr.
Robert W. Hughes Jr.
PREMIUM
Answered
  • Estate Planning Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: If the question is "What's next?", then a new person has be be appointed executor or administrator. Thst person will then sue your grandfather and your sister for return of the property.

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