Georgia-If an heir (one of two) of an estate goes to probate court, files for no administration and swears under oath that they are the only heir, has property of the estate put in their name, and sells it for 170,000. Can the other heir have them prosecuted? Could probate be held responsible for letting them get away with doing that? Probate is supposed to check things out before they go giving people things , aren't they? In the meantime, my daughter is out 85,000- her half of the estate.
No, she cannot have them prosecuted. She can refer the actions to the proper authorities who deal with such issues. If she is prosecuted ultimately ends up in the hands of the prosecutors office.
No, “Probate” is not responsible for investigating the actions. Probate court is merely an oversight. As long as the administrator is following the rules regarding probate, the court doesn’t become involved. If an interested party doesn’t object to what is happening, the court will never know. Depending on the time frame involved, it would appear your daughter has an action against the other heir. She needs to take all the info she has and sit down with an attorney to discuss things.
Besides that “probate” doesn’t give out anything. The administrator distributes the assets of the estate. The probate court merely signs off on the process if what they are presented with is in order and there are no objections from interested parties.
After reading your other thread, just to clarify things: I’m presuming the grandfather involved was not your father. Otherwise you would be the one with standing to inherit rather than your daughter. So, is my presumption correct?
Did the decedent have any living children? Any deceased children who had children other than the two mentioned?
