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How Much Notice Is Required To Remove A Georgia Executor?

September 2, 2015

Authors

Luke Lantta

How Much Notice Is Required To Remove A Georgia Executor?

September 2, 2015

by: Luke Lantta

Just how much notice is required before removing an executor in Georgia?  Maybe not all that much.

In Myers v. Myers, the beneficiary of several testamentary trusts filed a petition in probate court seeking, among other things, removal of the executor of the estate for numerous alleged breaches of fiduciary duty and a conflict of interest.  The beneficiary later withdrew the request that the executor be removed out of concern over an in terrorem clause and limited the petition to a request for an accounting.  In the amended petition, however, the beneficiary still repeated all of the original petition’s breach of fiduciary duty and conflict of interest allegations – he just didn’t specifically seek removal based on

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Georgia Executor Removed Due To Conflict Of Interest

December 12, 2013

Authors

Luke Lantta

Georgia Executor Removed Due To Conflict Of Interest

December 12, 2013

by: Luke Lantta

When a person names a friend or relative as a fiduciary in one instrument, it should come as no surprise if that person also names the same friend or relative as a fiduciary in another instrument.  Thus, the same person may be named executor, trustee, and attorney-in-fact.

Since we know that an executor is expected to marshal estate assets, we know that an executor may be called upon to investigate pre-death transactions to determine whether the assets that were the subject of those transactions should really be part of the estate.  Sometimes that requires a lawsuit to recover those assets.  So, what happens when one person, acting under a power of attorney, engages in a transaction that estate beneficiaries claim was improper?  If the attorney-in-fact is also the executor, how can that person be called upon to investigate him or herself?  In In re: the

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