fxstc9930635
Junior Member
What is the name of your state? GA
Recently my stepmother, a named coexecutor in my father's Will, filed a common form petition to be sole executor and told the Probate Judge my brother did not want to be executor....he never said this nor did he put it in writing per GA law...needless to say, the common form petition was accepted and my stepmother became sole executor...when my brother found out, he filed a petition to have common form set aside and to have my stepmother dismissed as executor...the Probate Judge instead assigned a Temp Administrator (which is also not allowed by Probate Law in GA as he is still eligible to qualify as an Executor as 90 days had not passed since initial probate of Will)...the Temp Administrator is now getting ready to petition to become Permanent Administrator...she is already charging the Estate for fees and will be adding more fees if she becomes Perm. Adminstrator....my brother is going to petitition to become executor under solemn form since 90 days has not passed since the Will was first probated (10 Sep 07)....a hearing will not be granted right away, but will this stop the Temp Adminstrator from being able to ask to become Perm Adminstrator...once the Petition is filed, does it stop the Temp. Administrator from doing anything else, or can she keep charging until the Solemn Form is granted....I understand he can file the petition initially without a law firm representing him, but then his petition has to run in the local paper for 30 days...bottomline, what actually starts/stops when my brother files his petition?
Recently my stepmother, a named coexecutor in my father's Will, filed a common form petition to be sole executor and told the Probate Judge my brother did not want to be executor....he never said this nor did he put it in writing per GA law...needless to say, the common form petition was accepted and my stepmother became sole executor...when my brother found out, he filed a petition to have common form set aside and to have my stepmother dismissed as executor...the Probate Judge instead assigned a Temp Administrator (which is also not allowed by Probate Law in GA as he is still eligible to qualify as an Executor as 90 days had not passed since initial probate of Will)...the Temp Administrator is now getting ready to petition to become Permanent Administrator...she is already charging the Estate for fees and will be adding more fees if she becomes Perm. Adminstrator....my brother is going to petitition to become executor under solemn form since 90 days has not passed since the Will was first probated (10 Sep 07)....a hearing will not be granted right away, but will this stop the Temp Adminstrator from being able to ask to become Perm Adminstrator...once the Petition is filed, does it stop the Temp. Administrator from doing anything else, or can she keep charging until the Solemn Form is granted....I understand he can file the petition initially without a law firm representing him, but then his petition has to run in the local paper for 30 days...bottomline, what actually starts/stops when my brother files his petition?