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Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 89111
Experience:  Fully licensed attorney in Texas in private practice.
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Regarding this same issue, I asked the Attorney who filed for

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Regarding this same issue, I asked the Attorney who filed for me the temporary orders a single price on doing just a single action he wants to handle everything for me for a retainer of 2500 and then wants another retainer for 5000 if we have to litigate. I asked what plan he would have to do this and I also asked him to tell me what he would file and what he would do and he wouldn't say exactly but said that your advice was wrong, he didn't agree about a motion and mentioned he would get the judge to enforce the temporary order somehow he said Motions like that are for family law and not for Estate law ? So my question is where can I find an Estate attorney in Estate law who can do a single action to get the judge to enforce and I pay him hourly or just for one action with a strategy in mind so the other heir won't want to litigate and what is that action if it is in Estate law to get the Judge to enforce the collection of assets in Georgia for Temporary Orders which have already been issued by the judge ?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Ely replied 2 years ago.
Hello and thank you for requesting me.

Motions like that are for family law and not for Estate law

I was using a generic term for the motion, but generally, you would file a motion to enforce one way or another if the individual is simply not doing what needs to be done.

where can I find an Estate attorney in Estate law who can do a single action to get the judge to enforce

May I recommend the GA Bar Referral programs - here. The attorneys are vetted and qualified and the service is free. Then you can cross-reference the name(s) on www.avvo.com for client reviews, Bar history, and metrics.

Doing this, you should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

and I pay him hourly or just for one action with a strategy in mind

This is negotiable. Some attorneys may want an hourly fee, and some may want a flat fee - this depends on the attorney and you can ask several attorneys what their fee structure is, and, remember that you can negotiate.

Finally, a motion to the court is only one of several options, although the most severe. You may also have the attorney send a demand letter by certified mail, or, if the party is the appointed executor, threaten to try and have them be removed as executor for failure to do their duty, etc. Specifically what action is best depends on the attorney and the nuances of the matter at hand.

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Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 89111
Experience: Fully licensed attorney in Texas in private practice.
Ely and 8 other Estate Law Specialists are ready to help you
Customer: replied 2 years ago.

What do you mean by the following sentence stated: You may also have the attorney send a demand letter by certified mail ? To whom do you send the certified letter and what is the strength of that ?


 


Also, some important pertinent detail that I should disclose, the heir has a will that is less than legal according to the State of Georgia there is questionable Signers on the Will and it was NOT submitted to the Clerk of the Court for filing, and when confronted she said she has a will but does not want to produce it to the court as of yet. Say's she has a lawyer but lawyer does not answer.


 


Having the Heir produce anything or try to discredit is irrelevant at this point since there is no credible Executor and the heir has not produced the will she claims is legitimate.


 


I simply want to know how to cause the Judge to enforce their Temporary Administrator Orders for Collection of Assets in the State of Georgia specifically Columbia County. I understand your answer but I need more specifics on what do do how to file it or what to ask an attorney to do for me ?

Expert:  Ely replied 2 years ago.
You may also have the attorney send a demand letter by certified mail ? To whom do you send the certified letter and what is the strength of that ?

I meant that the attorney can send a letter to that party that is threatening to give up the property and threaten to file a motion in court and have them explain this in the Court, unless the party willingly does what is necessary. Often, the mere threat of this will be enough to resolve the matter without litigation. The strength of this depends on the how seriously the party will take the letter, so it is really on a case by case basis.

Also, some important pertinent detail that I should disclose, the heir has a will that is less than legal according to the State of Georgia there is questionable Signers on the Will and it was NOT submitted to the Clerk of the Court for filing, and when confronted she said she has a will but does not want to produce it to the court as of yet. Say's she has a lawyer but lawyer does not answer.

Thank you. Of course this complicates matters, however, the answer stands as is: if the court has ordered the property to be turned over, it must be.

I simply want to know how to cause the Judge to enforce their Temporary Administrator Orders for Collection of Assets in the State of Georgia specifically Columbia County. I understand your answer but I need more specifics on what do do how to file it or what to ask an attorney to do for me ?

The best and most straightforward way would be via a motion to the Court to compel the party to do so. I was merely stating that your attorney may try to threaten the party with a certified letter first, but, this is not mandatory. Your attorney should know what pleading to file. If they do not, then, you need an attorney who does. Depending on the nuance of the matter, this pleading may be an "order to show cause" or its equivalent in probate court or a "writ of replevin" in civil court, or something else. However, I cannot be specific as to the form because I do not know the nuances of the case - I am sorry.

All you have to tell the attorney is: "A probate court has ordered a party to surrender property to me, which they have not. I need this enforced." They should know what to do here.
Customer: replied 2 years ago.

I called the Probate Court to try to get a clarification on the orders Power and she said to do whatever my attorney say's. I talked to my attorney and another attorney and they both have different approaches and no one except one attorney could even come close to answering my question.


 


The Question is, with the Temporary Administrators Orders that were filed with the Columbia Country Probate Court which states the following:


I do, therefore, hereby appoint as Temporary Administrator(s) of the estate of the said decedent, for the sole purpose of collecting and preserving the assets of the said decedent until permanent letters are issued; and thereupon to deliver up such assets to whomsoever this Court shall commit the administration of the estate of said decedent, as provided by law. Temporary administrators are authorized to carry out existing contracts of the decedent, to carry on the business of the decedent, and to do such acts as are necessary for the protection and preservation of the estate provided proper orders are secured from the probate court after due notice to all parties in interest.


 


Question is : Can I with the Temporary Administrator Orders go to the Residence (Being the one in the Estates Name) to Collect and Preserve the assets and enter the Property With the Columbia County Sheriff, and Collect and Preserve the Assets of the Estate ?

Expert:  Ely replied 2 years ago.
Hello friend,

I talked to my attorney and another attorney and they both have different approaches and no one except one attorney could even come close to answering my question.

This is not unusual. Law is not a hard science. Different attorneys will have different approaches to the same issue, just like physicians may have different approaches to the same illness.

Can I with the Temporary Administrator Orders go to the Residence (Being the one in the Estates Name) to Collect and Preserve the assets and enter the Property With the Columbia County Sheriff, and Collect and Preserve the Assets of the Estate ?

Yes, if the authorities are willing to accompany you to avoid any trouble. If they are, then yes. If not, then no, as you are not allowed to use self-help if it may turn into violence. You can try, but if they simply do not open the door, you cannot make them do so.
Customer: replied 2 years ago.

Yes I called the Columbia Country Sheriff's office and mentioned who I am and what I need and they said they would send an officer out to do that and I replied that I didn't need it today but I will in the future, they said just call us back when you need it and we'll send an office out to your location to take care of it.


So this is not self help and this is considered within the Power of the Temporary Administrative Orders as set forth by the Georgia Probate Code mentioned in this note ?

Expert:  Ely replied 2 years ago.
John,

If you come out there with the officer and ask to be let in to take what is necessary, 95% of the time, the party will allow you to do so. However, they do so because they feel the officer will arrest them if they do not open the door, which is not true. The officer is simply there for safety purposes and to ensure that the parties do not get violent. Normally, the party is intimidated enough to allow you in, not realizing that the officer is there simply for safety, and not enforcement.

If they do not open the door, the officer may knock, and if they still do not, then the officer may or may not decide that this is an issue for the court and state that you have to go to court to get a specific order for them to enter. However, that will only happen in about 5% of the cases, since in 95% of the cases, just by showing up with the officer, the party allows you inside, by the virtue of the officer being there.

I hope this clarifies.
Customer: replied 2 years ago.

If we show up she say's to the officer talk to my attorney and shuts the door in our faces, what's the next step for the court or an attorney to take up as to the Administrator collecting and protecting the Assets I mean what's the purpose of those orders if you can't do anything, is this a legal system with no bite ?

Expert:  Ely replied 2 years ago.
Hello,

The next step would be to get a specific order from the Court to mandate that an officer come with you and force the issue. You may indeed force the order.
Customer: replied 2 years ago.

The House is part of the Estate, can I just get a locksmith to change the locks and secure the entire estate that way ?

Expert:  Ely replied 2 years ago.
Not necessarily. If the house belongs to the estate and the person is staying there WITHOUT PERMISSION, they are deemed what is called a "tenant at sufferance." A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the landlord and may be terminated at the will of the landlord.

The estate's executor/administrator would then have to evict this individual via eviction court. Until this happens, one cannot simply enter the property without being allowed to do so by the resident in it.

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Ely
Counselor at Law
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Fully licensed attorney in Texas in private practice.