My brother was just arrested on drug charges. Does this change his status as a Heir to our dad's estate? I am the executor. Is his share still divided out in the distribution if he is in jail for turning the Estate house in to a crack house?
State/Country relating to question: Georgia
His interest as a beneficiary is not affected by his arrest or conviction. But if he has caused damage to Estate property, the Executor can file an action against him on behalf of the Estate to recover the cost of the damage he caused to property of the Estate.You can get a free consultation from some of the probate lawyers listed by location athttp://lawyers.findlaw.com/lawyer/practicestate/Probate-&-Estate-Administration/GeorgiaI hope this information is helpful.
Do I need an attorney to file an action against my brother for Estate damages? How do I file an action?
Thank you for accepting my answer.Yes you do need an attorney, an executor cannot sue on behalf of an Estate without having an attorney because of the rules against unauthorized practice of law.You asked How do I File an action? The basic answer is by filing and serving a complaint, but it's not easy to answer such a broad question in a way that would be useful. An executor cannot sue on behalf of the Estate without a lawyer, but can send a demand letter. If you know how much damage was caused, you could send a letter demanding repayment to the Estate. Your brother might agree that the damages can be deducted from his legacy under the will, but I don't have any of the details so I urge you to go over the facts with a local attorney who could legally represent you in Court.
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