My sister has had 6 years to execute my fathers will. Can she be removed?

UPDATED: Oct 1, 2022

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My sister has had 6 years to execute my fathers will. Can she be removed?

Nothing has been done but split some belongings and pay after they threaten
court action the funeral expenses. We get no information on what is being done
after repeated attempts of trying to talk by phone or email. We have no idea of
what she planning. Is it time to take her to court and remove her?

Asked on February 4, 2019 under Estate Planning, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can petition the probate court to have your sister removed as executor and have a successor appointed executor.
If your father's Will designated a successor as executor, that individual should be appointed.
If the Will is silent regarding a successor executor, the probate court will appoint a successor executor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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