Temporary Administrator in Georgia Probate Estate case - need heir to give over assets of Estate - How compel them via court ?

Asked about 2 years ago - Augusta, GA

Power of Temp Admin to Collect and Preserve Exist, however Heir does not want to allow - How do I compel them or enforce this with the Court or Judge ? We sent Certified Letter with Orders stating access to Assets they refuse, the house and entire contents belong to estate, do we get the Sheriff to go with the Orders with us, or the Baliff from the Court by the Judges Enforcement order ? What to do with Stubborn Heir and Temp Admn. Orders already given to make that happen ?

Attorney answers (3)

  1. Glen Edward Ashman


    Contributor Level 20


    Lawyers agree

    Answered . The fact that your post is almost impossible to ascertain tells me that while every pro se litigant in probate court nees a lawyer, you especially need one, partly because you have a contested matter and partly because if the lawyers here are unsure of what you posted, you will do badly in front of a judge if he also can't figure out your issue. Get a lawyer and do it YESTERDAY! It matters.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  2. Matthew Erik Johnson


    Contributor Level 17


    Lawyers agree

    Answered . You need to file to obtain an order from the court. Then you need to obtain the order from the court and the sherreff can accompany you to enforce the order.

    The process is more complex, however, and your local rules may have significant impacts on the procedures for carrying this out. Your time would be better spent paying an attorney - but if you demand doing it yourself then make sure you read up on your local rules.

    Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale... more
  3. James P. Frederick

    Contributor Level 20


    Lawyers agree

    Answered . Having read your added comments that Mr. Ashman did not have the benefit of seeing before he responded, I need to ask you: Are there any probate assets? If all of the property was jointly owned by your father and his wife, or if she was named as beneficiary, then the presence or absence of a Will is completely irrelevant. You only have a right to enforce your order if there is an estate subject to it. You need to check with the public records to see how the house is titled. If you find that the title is in their name as husband and wife, or as joint tenants with rights of survivorship, then you have no rights to the house. The contents *may* be another matter, but you would need to prove your claim to them.

    You would benefit a great deal from the assistance of an attorney.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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