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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111657
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Probate court - mu son filed to remove sisterfrom executrix as she rem

Customer Question

Probate court - mu son filed to remove sister
from executrix as she removed many items without authority and never told my son where any of assets existed, i.e. large accounts of $100,000 or more. The probate judge dismissed it with no hearing. It was appealed to Superior Court and judge dismissed. My son is irate because the deposition was cancelled in view of fact attorney said she was going to object to every question. There has been NO hearing at all. How can we get a hearing of any kind or a deposition at this point? How can judges dismiss a suit with no hearing and no discovery?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. What was the basis that the judge has used to dismiss the matter? Courts do not necessarily dismiss a motion to remove executrix unless there is no legal basis in the motion or something was not filed properly, especially 2 courts. So what did your son do and what was the reasoning of the dismissal by the court? Does your son have his own attorney because it sounds to me like something your son filed was not filed correctly causing the dismissal?
Customer: replied 1 year ago.
First judge (probate court) said it was not six months from time of death as required by Ga law.Second judge remanded back to probate court.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. So, you filed prematurely is what happened. Your son needs his attorney to file when the 6 months is passed, so that the pleading complies with the law. Also, your son needs to put together everything the executrix has done wrong or failed to do in order to show to the court that she is not doing the job properly and not administering the estate correctly. The executrix will be made to repay the estate and your son's attorney needs to prove she did this through fraudulent conduct, because fraudulent conduct would prevent her from trying to file bankruptcy to avoid repaying your son and the estate the money she illegally removed from the estate.

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