Objections to Executors
When a person creates a Will, he or she selects a person to manage the estate. This person is known as the Executor of the estate. In some cases this person is referred to as the Personal Representative of the estate. Upon the death of the person, the probate judge will appoint the Executor named in the Will. Although the Executor must act in the best interest of any beneficiary under the Will, the beneficiary does not chose the Executor and therefore cannot fire her.
This brings up the question: What can a beneficiary do if they do not agree with the selection or actions of the Executor? The main course of action for the beneficiary is to file an objection to the Executor. The objection will commonly be based on two different arguments. In the first argument, a beneficiary can argue that the Executor lacks the capacity to administer the estate, and therefore should not serve in the role. The second common argument focuses on the actions of the Executor, and states that the Executor did something that was not in the best interest of beneficiaries. Under each instance, the beneficiary must file an objection to the Executor and provide proof at a trial.
What you can do if you object to the Executor?
There are many different actions that you can take if you think that an objection to the Executor is appropriate in your case.
- Begin by looking at the actual Will. Make sure that the Will actually lists the person named as Executor. Furthermore, investigate whether the actual Will is valid under Georgia law. If the Will was not executed properly, then it would invalidate the Executor.
- Examine whether the Executor lacks capacity to carry out the Will. If you have proof that the Executor has a severe physical or mental incapacitation, or has committed an action that prevents her from carrying out the duties as Executor, then the probate judge may remove her.
- Consider whether the Executor has acted against the best interests of the beneficiaries in administering the estate. This can happen when an Executor acts dishonestly or uses the position to benefit her own interests. If you have proof of any such actions, then the probate judge may disqualify the Executor.
- The final step is to contact an experienced probate attorney to file the objection to the Executor. Following the filing, the attorney can also represent you at the hearing.
The attorneys at our firm are experienced in filing and representing parties when an objection to an Executor is appropriate. If you believe that an objection should be filed, have any questions, or would like to get started, call our office at (404) 939-7562 or contact us online for a free consultation.
