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Can a Georgia Probate Court intervene when an heir refuses to file will for probate?
Wiki User
∙ 13y ago
Yes. It is against the law for anyone in possession of a will to withhold it from being submitted to probate court and the sanctions can be serious. The law and courts have historically viewed a Last Will and Testament as an extremely sacred document and anyone who interferes with a decedent's will does not get off lightly. The following sections of the Georgia Probate Code may be of interest.
TITLE 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES
CHAPTER 3. PROBATE
ARTICLE 1. PROBATE OF DOMESTIC WILLS
O.C.G.A. § 53-3-3 (2011)
§ 53-3-3. (Pre-1998 Probate Code) Filing of will with judge of probate court by custodian; sanctions for failure to comply
A person having possession of a will shall file the same with the judge of the probate court of the county having jurisdiction. On his failure to do so, the judge may attach the person withholding the will for contempt and may fine and imprison him until the will is delivered.
HISTORY: Laws 1792, Cobb's 1851 Digest, p. 307; Code 1863, § 2399; Code 1868, § 2395; Code 1873, § 2430; Code 1882, § 2430; Civil Code 1895, § 3288; Civil Code 1910, § 3862; Code 1933, § 113-610.
TITLE 53. WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES
CHAPTER 6. ADMINISTRATORS AND EXECUTORS
ARTICLE 1. GENERAL PROVISIONS
O.C.G.A. § 53-6-3 (2011)
§ 53-6-3. (Pre-1998 Probate Code) Liability of person wrongfully meddling with or converting personalty of unrepresented estate
If any person, without authority of law, wrongfully intermeddles with or converts to his own use the personalty of a deceased individual whose estate has no legal representative, he shall be held and deemed an executor in his own wrong and as such shall be liable to the creditors and heirs or legatees of the estate for double the value of the property so possessed or converted by him. Such executor shall not be allowed to set off any debt due him by the decedent or voluntarily paid by him out of the assets. If such executor dies, his legal representatives shall be liable in the same manner and to the same extent as would the executor if he were still living.
HISTORY: Laws 1764, Cobb's 1851 Digest, p. 304; Laws 1792, Cobb's 1851 Digest, p. 309; Code 1863, § 2410; Code 1868, § 2406; Code 1873, § 2441; Code 1882, § 2441; Civil Code 1895, § 3310; Civil Code 1910, § 3886; Code 1933, § 113-1102.
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∙ 13y ago
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How do you force your sister to execute your fathers will She refuses and has taken over all assets?
Seek professional help. See Probate help link below
What are the rights of the heirs to see the will or trust of their deceased parent when the surviving spouse refuses to allow them access?
They can file a petition in the probate court requesting a copy of the will.
How do you get a copy of a will in Minnesota?
If the will has been filed in probate then you can contact the court to obtain a copy. If your brother refuses to file the will for probate then some other family member should petition the court to be appointed the administrator of the estate as though your mother died without a will. It is likely that your brother would then produce the will. If not, the court should be made aware of his possession of the will and refusal to file it. It is illegal to withhold a will from being probated. You should consult with an attorney who specializes in probate who could review the situation and explain your options.
My stepfather's third wife is executor of his estate and refuses to probate the will or allow his heirs to even read the will Can she do this?
She is not the executor until she is appointed by a court. You don't even know if there is a will. The children should get together and petition for one of the children to be appointed the Administrator of the estate as though he died intestate. If she has a will she will produce it to stop the Administration proceeding and she will have to commence a probate proceeding to probate the will. You can check your state laws of intestacy at the related question link below. Your father may have died intestate and that could be why she won't produce a will.
How long can a beneficiary stall a probate of a will?
The laws vary in every different jurisdiction. It is not possible to give you a precise answer. Generally, when a will is submitted to the probate court for allowance and appointment of the executor there is a statutory period during which the will can be challenged and objections to the appointment of the executor can be filed. That must be done in writing. If either or both are filed, the court will schedule a hearing and render a decision. The probate procedure then proceeds. Beneficiaries are asked to sign assents at several points during the process. If one refuses to sign, a notice of the matter is published and the process proceeds. Difficult participants may file objections and complaints in writing during the process, the court will rule and the process will proceed. The executor is entitled to compensation for performing their duties. If you require more specific information you should consult with an attorney in your jurisdiction who specializes in probate or with the attorney who is handling the probate in question.
My brother, single and childless died owning a fl. home, sold to him and his heirs forever and assigns, w/me being his only heir. 1 yr. & house remains in his name. The Att. refuses to provide me with the death Certificate & probate file?
go to 104.1 on Saturday at 6
In Colorado how does an heir get a copy of the will if the executor refuses to give them one?
== == File a request with the probate court to obtain a copy of the will and any other pertinent documents that have been presented to the court. POAs become null and void upon the death of the grantor.
How can an adult child get a copy of their deceased parents' living trust when a brother who is the trustee refuses to supply one?
Contact the Attorney or whomever Legally drew up the Trust. * The attorney will not give out such information. If the trustee refuses to supply the beneficiaries with a copy of the trust or the information that is sought, the interested party will need to petition the probate court for a copy of the document.
Who become a new executor if the original executor of a will dies and the will was already in probate?
If the will names an alternate executor in the event the first named executor dies or refuses to serve, then that person should become the new executor. If the will does not name an alternate executor, or if the alternat has died or refuses to serve, then generally one of the residuary legatees named in the will should be appointed. In some states this person is not known as an executor but rather an administrator c.t.a. This is an abbreviation for the Latin "cum testamento annexo", meaning, "with the will amended." Keep in mind that probate laws differ from state to state. This is a general answer and might not apply in every state.
What if a person was given permission to store property while probate of the will took place and now refuses to relenquish property?
If the person refuses to return the property as agreed, the legal owner or executor of the estate can take legal action against them. This may involve filing a lawsuit for the return of the property or seeking a court order to force them to relinquish it. It's important to consult with a lawyer to understand the specific legal steps and options available in this situation.
How can a beneficiary monitor the actions of the trustee in California when the deceased person's estate is in Texas and what can be done if the trustee refuses to disclose or account for anything?
Generally speaking, most states require that, in the event a decedent designates a non-resident executor or trustee of a residual trust (i.e., a executor or trustee who resides out of the decedent's home state), the non-resident executor or trustee designate and identify to the Texas probate court an in-state contact person. In the event a beneficiary or heir of the decedent's estate believes that a distribution of estate assets has not been made, made improperly, made contrary to express provisions of the descent's will or trust agreement, or that the executor or trustee is wasting the assets of the estate or trust, then the beneficiary or heir may petition the Texas probate court for and accounting. Talk with the Clerk of the Probate Court where the will is probated. Be aware teat the Clerk cannot give legal advice, but can advise you on procedures and forms required by that court for filing a request for an accounting. You should consult a Texas probate attorney for the remedies specific to Texas probate law.
My brother claims that he bought our mother's house before she died and therefore it isn't part of the estate. He refuses to provide proof or show where the money he paid her went. What can I do?
Seek the advice of a probate attorney who can commence a probate of your mother's estate. If your brother owns her house he will need to provide a valid deed to prove it is not part of her estate. It is likely that he cannot produce a valid deed. If there is no will your mother's estate will be divided according to your state laws of intestacy. You can check the laws in your state at the related question link.
