Stone Mountain, GA asked in Probate for Georgia

Q: The executor of my grandfather estate is 77 years old can we petition the court for the granddaughter to be one

The executor is the sister of the grandfather and is not paying taxes on property and trying to sell when the rest of the beneficiaries do not want to sell.

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2 Lawyer Answers
Jammie Taire
Jammie Taire
PREMIUM
Answered
  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: I am sorry for your loss. There is not quite enough detail to answer this question. You mentioned that the executor of your grandfather's estate; therefore, I assume there was a Will. If the Will gives her discretion in selling the property, then she may sale the property so long as she abides by the will. If it does not give her that authority then she would need to petition for leave to sale the property. If you believe she is not acting in the best interest of the estate or breaching her fiduciary duties then you can petition to have her removed as the executor. If your grandfather listed a back up executor, then the court may appoint that person. I would urge you to contact an attorney as additional details are needed to fully answer this question.

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

A: Because she is 77 years old is not a reason to remove her as executor. Not doing her job is a reason to remove her. If the estate is more than 6 months old and she should have concluded her duties as executor by now, you need to file a petition to settle accounts. If there is a good reason why the estate is not ready to close, then you can file a petition to remove executor. If you succeed, the successor executor appointed in the will becomes the next executor unless you can show the court that person cannot handle the estate.

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