Administrator removal/replacement

[LindaDR]

Georgia
I want to get my mother removed as Administrator from my deceased father's probate case and have her replaced. I have plenty of good reasons. My question is, where do I find an external replacement. I think I can hire someone but where do I look? Or can the court appoint someone?





Please excuse my poor english. Been out of the country for many years.

 

[Zigner]

Georgia
I want to get my mother removed as Administrator from my deceased father's probate case and have her replaced. I have plenty of good reasons. My question is, where do I find an external replacement. I think I can hire someone but where do I look? Or can the court appoint someone?





Please excuse my poor english. Been out of the country for many years.

What reasons do you feel are enough to cause her removal?

 

[LindaDR]

Sorry, if I don't want go into all the details. Just wanted to know how a replacement actually works. I want someone trustworthy to settle the estate at any price. Do we have to hire someone, if yes what do I look for or does the court appoint someone?

 

[Zigner]

Sorry, if I don't want go into all the details. Just wanted to know how a replacement actually works. I want someone trustworthy to settle the estate at any price. Do we have to hire someone, if yes what do I look for or does the court appoint someone?

It depends. Speak to a local estate attorney to review all of the facts surrounding your matter and give you advice, as your request is too broad and has too many variables for this (or any) internet forum to properly address.

 

[LindaDR]

But how is the estate dealt with in general when the Administrator is withdrawn? Someone has to takeover.

 

[Zigner]

But how is the estate dealt with in general when the Administrator is withdrawn? Someone has to takeover.

That is a great question for the attorney you speak to. Make sure to write it down, along with any other questions you may have. That way you can make your meeting very efficient.

 

[xylene]

You are willing to spend any amount. Money is not a concern. So... you need to hire an estate lawyer.

You have two things: You need to get the court to remove Mom, though I'm really confused is she wanting to leave this position or is this an adversarial situation.... You don't want to talk about that so... yeah we can't read minds.

Then your administrator is installed. That person would be a lawyer who specializes in estates. You've said no expenses spared, and expect it to be expensive - with lots of billable hours incurred which you will need to pay. They will want a retainer and it is unlikely they will be willing to wait to be paid from the distribution of the estate.

 

[quincy]

Georgia
I want to get my mother removed as Administrator from my deceased father's probate case and have her replaced. I have plenty of good reasons. My question is, where do I find an external replacement. I think I can hire someone but where do I look? Or can the court appoint someone?





Please excuse my poor english. Been out of the country for many years.

You can file a petition in the Probate Court requesting removal of your mother as administrator. The Court can appoint a replacement.

I believe you use Form GPCSF 33. Ask the court if this is the proper form for your purposes.

Look for "standard forms" at: http://www.gaprobate.gov

 

[HRZ]

one needs pretty strong mismanagement or other failures on part of administrator in order to get administrator replaced.

COurt is unlikely to pick the next one for you ...you seek out one that you anticipate can do better job....expect that they will draw a decent commission. Mom as administrator may also be entitled to commission. Replacing Mom, if she took some of your inheritance does not by itself mean Mom will put money back in pot.

IF Dad picked Mom you best have some solid legal reasons for her replacement ...it's it's a quest worth winning..I suggest you use counsel.

 

[quincy]

Here is a link to the 1,142-page Georgia Probate Court Handbook: http://gaprobate.gov/sites/default/files/probate/benchbook-handbooks/2016 Probate Court Handbook Update_January2017.pdf

What you need to read, to determine if the Court has reason to sanction the administrator or if you have good reason to seek removal of the administrator, is found in Chapter 5, section 5.8. Removal starts on Page 352. Read pages 352, 353 and 354.

 

[Taxing Matters]

Sorry, if I don't want go into all the details. Just wanted to know how a replacement actually works. I want someone trustworthy to settle the estate at any price. Do we have to hire someone, if yes what do I look for or does the court appoint someone?

If you succeed in getting her removed you would typically then nominate someone else to replace her as the personal representative of the estate. Is there someone in the state you trust that is willing to do the job? It doesn't have to be an attorney or someone you hire. Another relative or someone else you know could do it.

 

[justalayman]

Replacing an administrator can be a very problematic isssue. Unless the current admin is outright incapable of handling the matter, it may be better to hire your own attorney to represent your interests in the matters at hand.

If this is simply because you don’t like how she is handling the estate, you’re likely to be disappointed. It takes incompetence or illegal behavior to typically have a sitting administrator removed. As long as she is acting within the law, it isn’t likely you will succeed in removing her, especially given the fact she is the wife of the decedent. That puts her in a pretty special place when it comes to the decedents estate.

 

[Just Blue]

OP has a thread or five on this subject.

 

[HRZ]

Plus as administrator she may be able to use a pile of estate assets to defend her role as administrator.

 

[quincy]

Because LindaDR says she has good reasons for seeking removal - and because LindaDR is reluctant to share these reasons - we can only assume her reasons are ones that will allow for removal and replacement.

It is even possible that the mother will be relieved to be replaced. The role of administrator is not always an easy one.