QUESTION

problem over dead mom's estate and my damaged and missing items that were in the house one brother was appointed executor and he is the problem

Asked on May 21st, 2017 on Estate Litigation - Georgia
More details to this question:
I am seeking compensation for my missing and damaged property that was removed from the estate without my knowledge and all money that was taken from the bank after her death. She died on 7/3/15. I found out about all of this after I was able to begin a new career and wanted to move back into the family house. Seeking advice on what steps to take.
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1 ANSWER

Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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It sounds as though you had your property stored at your Mom's house and it was either distributed to others or trashed after your Mother's death.  If so, you have four years to file a lawsuit for destruction of property.  The two hardest things to accept in situations like this is that you cannot prove you owned the items destroyed and the items destroyed have very little economic value.  That said, it sounds like the personal representative did not give all family members notice of his intent to distribute or destroy the personal property found in your mother's home.  He is not required to give notice, but he opens himself up to claims like yours if he does not give notice.  Your only course of action is to file a police repot for your missing items and to file suit against the personal representative in magistrate court or superior court in the county where he lives. 
Answered on May 22nd, 2017 at 6:16 AM

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