QUESTION
Who would be best attorney to represent me for beneficiary disputes?
Asked on Nov 15th, 2021 on Wills and Probate - Georgia
More details to this question:
Brother named as executor in father's will. He does not have the education or knowledge base to do this. Neither my sister nor I consider him fair and fear he may hide assets. We do not believe he can serve as executor or probate will in unbiased manner.
2 ANSWERS
Probate Litigation Attorney serving Lawrenceville, GA
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Robert W. Hughes & Associates, P.C.
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Your father placed great responsibility on your brother and entrusted him with a serious job. The court will struggle to not appoint him after your father went to the trouble to nominate him as executor. I have witnessed many good peopel waste thousands of dollars trying to stop an appointed executor from being appointed. Unless your brother is in jail, or has been in jail for some kind of dishonesty issues, the court will likely appoint him. You are better served hiring competent counsel to monitor your brother and at the first sign of anything improper file to have him removed.
Answered on Nov 16th, 2021 at 2:15 PM
4 Awards
If you do not believe that your brother is doing the Executor's job well, or if you simply want to try to prevent him from becoming the Executor because you don't think he will do the job well, then you should hire an attorney who handles litigation regarding estates and trusts. Sometimes this is referred to as "fiduciary litigation." It's a definite specialty area. When looking for an attorney, look for terms such as "fiduciary litigation" and "estate and trust disputes."
Best wishes to you.
Answered on Nov 16th, 2021 at 5:52 AM
This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.