QUESTION

My fiance's mother died and his sister is executrix of the will. She is self delaing assets, and wont communicate with him. We have a hearing for her

Asked on Sep 19th, 2012 on Wills and Probate - Georgia
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removal as executrix, but we feel that her attorney, which doesnt represent her anymore, she withdrew from the case, is in the wrong somehow!! We feel that she gave the sister bad advice. What can we do about this? The executrix has taken the estate vehicle, bought estate home, and took all personal belongings of the deceased, there mother. She also has control over the estate account,which were sure she has squandered. What are our options?
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1 ANSWER

Personal Injury Attorney serving Fayetteville, GA at Wade Law Office
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My condolences to your fiance on his loss and the extra stress his sister's behavior has caused. Unless you have some specific evidence that his sister's attorney actually given her bad advice, I would urge you not to try to pursue the lawyer. First of all, the fact that the attorney withdrew from the case looks to me as if the attorney may have been trying to get the sister to do the right things, and ended up having to fire the sister as her client for failing to comply with the attorney's advice. Even the best attorney can end up with a client who will not follow advice, and sometimes you do have to fire them. If the sister claims and shows evidence that her attorney gave her bad advice, this should come out in the hearing for her removal. Also - if this is a Georgia estate, the sister's attorney likely represented the sister, in her role as Executor, and not your fiance or any other beneficiaries of the estate. That means the sister would be the first person in line to be able to pursue her attorney for bad advice. The beneficiaries of the estate actually have less ability to sue the attorney for the Executor, since that attorney does not represent the beneficiaries. My advice would be to see what comes out at the hearing. At that time, if it really looks like the attorney told your fiance's sister to do the wrong thing, he may have a case to complain. In that case, he can contact the state bar association for help. But it may well be that the sister did whatever she wanted, ignoring her attorney's advice, and complaining without more evidence about what may have actually happened between the sister and her attorney is jumping the gun.
Answered on Sep 19th, 2012 at 8:44 AM

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