Asked in Probate for Georgia

Q: Can I ask the probate court to have someone return money that was stolen from estate?

Money was stolen from my fathers estate in 2015.I know the amount that was taken and who took it.I also have documented evidence to prove it.Is it to late to ask the probate judge to have this money returned?

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1 Lawyer Answer
Robert W. Hughes Jr.
Robert W. Hughes Jr.
  • Probate Lawyer
  • Lawrenceville, GA
  • Licensed in Georgia

A: The court cannot order someone to return the money. Even if everything you say is true and the thief admits it. The court can give the estate a judgment against the thief. That's all a judge can do.

If the thief was (is) the personal representative and under a bond, getting judgment is the first step in making a claim against the bond. If the thief is someone other than the personal representative, only the personal representative can sue the thief. If the personal representative refuses to take action, he can be removed by the court.

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