QUESTION
Can I take a relative to court for the estate going into foreclosure?
Asked on Oct 13th, 2011 on Estate Planning - Georgia
More details to this question:
I have a relative who has taken the estate of my siblings and mine. After a large monetary gain from the property, he let the estate go into foreclosure (after my siblings and I were told that the house was paid in full). Can I take him to court?
2 ANSWERS
3 Awards
The proper place to bring up this issue would be in the court administering the probate estate, as that court has jurisdiction over the estate personal representative and is able to address his or her inactions. Accordingly, you probably need to file a petition with the probate court that is administering the estate and raise the issue to be reviewed by the Court. I suggest that you meet with an attorney who can review the papers that have been filed in the probate case to see if the personal representative received authority from the court to allow the estate property to be foreclosed.
Answered on Oct 17th, 2011 at 3:49 PM
Glen Edward Ashman
If someone was mishandling your inheritance, certainly you immediately hired a lawyer and sued or took appropriate action BEFORE the problem. If things are still messed up, you should call that lawyer. If you instead watched and did nothing while things went wrong, you still should see a lawyer, but you may have waited too long, depending on how long you failed to act.
Answered on Oct 17th, 2011 at 2:20 PM