A Civil Litigator Focused On Efficient And Cost-Effective Solutions

What to do if an executor doesn’t distribute assets correctly

On Behalf of | Jul 11, 2024 | Probate & Estate Litigation |

Dealing with an estate can be challenging, especially when the executor doesn’t distribute the assets correctly. If you find yourself in this situation in Georgia, you have several options to address the issue and ensure the proper handling of your loved one’s estate.

Review the will and estate plan

First, review the will and any estate plan documents. Ensure you understand the specific instructions regarding the distribution of assets. Probate and estate litigation often deal with misunderstandings that can arise from misinterpreting the deceased’s wishes.

Communicate with the executor

Reach out to the executor to discuss your concerns. There may be a reasonable explanation for the distribution, or it could be an honest mistake. Clear communication can often resolve issues without further conflict.

Request an accounting

You have the right to request a formal accounting of the estate from the executor. This document should detail all assets, debts, and distributions made. An accounting can provide transparency and clarify any discrepancies.

Seek mediation

If communication with the executor doesn’t resolve the issue, consider mediation. A neutral third party can help facilitate discussions and reach a mutually acceptable resolution without going to court.

File a petition in probate court

As a last resort, you can file a petition in probate court to challenge the executor’s actions. The court can review the case, remove the executor if necessary, and appoint a new one to handle the estate properly.

Protecting your loved one’s legacy

These steps ensure that the executor handles your loved one’s estate according to their wishes.

By addressing any discrepancies promptly, you can protect their legacy and maintain the integrity of their final wishes.