The death of a loved one is a difficult event to accept. Unfortunately, some individuals may find themselves facing even more difficulties if the person in charge of closing the estate does not seem trustworthy. In fact, it may be necessary for beneficiaries or other appropriate parties to take the executor to court if serious issues persist.
Georgia beneficiaries have rights during the probate process. Though the executor has the obligation of seeing the legal matters of closing the estate through, the beneficiaries have a right to updates on the process and to receive the assets bequeathed to them as long as those assets remain after paying final expenses for the estate. Unfortunately, some executors may not get along with beneficiaries or may purposefully keep information from them in hopes of committing wrongdoing.
In such cases, beneficiaries do have options, including the following:
- Petitioning the court to have the executor removed
- Providing evidence that the executor has stolen from the estate or unwise violated his or her fiduciary duty
- Requesting an accounting of activities carried out by the executor in relation to probate
- Holding the executor responsible for losses the estate incurs as a result of wrongful actions
In some cases, issues with the executor may be cleared up easily with a simple discussion about the problem. However, if serious concerns, such as violations of fiduciary duty, exist, Georgia beneficiaries may want to have the situation assessed by the court. To better understand their legal rights and options, concerned parties may wish to discuss those concerns with experienced probate attorneys.