Executors and trustees are fiduciaries. That means they are supposed to put beneficiaries first, manage money carefully, and be open about what they are doing with estate or trust assets. Beneficiaries sometimes wait months for answers. An executor might ignore emails, refuse to share bank statements, or sell a house to a relative for less than market value.

What Georgia Probate Courts Can Do

Rules differ by state, but in Georgia, the probate court has tools to deal with a personal representative who is not doing the job. Under O.C.G.A. § 53-7-55, the court can require an executor to respond to allegations of mismanagement. After a hearing, the judge may order a formal accounting, demand extra security, revoke the executor’s letters, or remove the fiduciary and appoint someone new.

For trusts, the path is different procedurally, but courts can still be asked to force an accounting and address misuse of assets. Beneficiaries do not have to simply accept being left in the dark.

Red Flags Beneficiaries Should Watch For

Some warning signs come up repeatedly. You ask for basic information, like an inventory or a list of debts, and get silence, or vague replies that never lead anywhere. Months pass with no updates. Sometimes, assets seem to quietly shift, say, a trustee transfers trust property into a company they control.

Delays alone don’t prove wrongdoing, but when they’re paired with secrecy or avoidance, it’s usually time to ask tougher questions. Something might not be right.

Practical Steps if You Are Concerned

Let’s look at a common scenario. A sibling is serving as executor, you live out of state, and you have seen no paperwork. The first step is a written request for information and an accounting, keeping copies of everything you send.

If nothing changes, speaking with an attorney who handles estate disputes can help you sort out whether what you are seeing is normal or a breach of duty. Your lawyer can ask the probate court to compel an accounting, require a bond, or remove and surcharge the fiduciary for losses.

If you believe an executor or trustee in Georgia is mishandling your loved one’s estate, The Williams Litigation Group can review the facts and explain your options for forcing transparency and protecting the inheritance that was meant for you. Call us at 1-866-214-7036 for consultation.