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