QUESTION
can a court open a case back up after a year after you have been appointed a a adminstrator of a estate
Asked on Apr 04th, 2016 on Estate Planning - Georgia
More details to this question:
I was appointed as legal administrator of my father estate a year later my brother want to open it back up can this be done.
2 ANSWERS
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If you were never discharged as Administrator, the case was never closed and any heir or creditor can raise an issue with the Court concerning your failure to handle your duties properly. If you believe you performed all of your duties and you have distributed all property of the estate, you should file a petition for discharge seeking to be relieved of any further obligations related to the estate.
Answered on Apr 05th, 2016 at 5:52 AM
4 Awards
If your brother is trying to have you removed, or to force you to provide information, then yes, he can seek court action in your father's estate. The appointment of an administrator does not mean that the court can't do anything else.
If you are the administrator and your brother is trying to have a court remove you or force you to do something, then you need to get an attorney if you don't already have one. Estate-related litigation is not a good do-it-yourself project, and you can face personal liability if your actions (or lack of action) is determined to have caused damage to the estate or the parties interested in it. Find an attorney who is experienced in both estate administration and probate work and also estate and trust related litigation. Best wishes to you.
Answered on Apr 05th, 2016 at 5:11 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.