mardi 31 juillet 2018

Probate Court Procedure: Notice of Hearing - Probate Court - Father's Will

My question involves estate proceedings in the state of: Georgia

I was emailed by the lawyer a date that the probate judge could swear my dad's wife and I in as executors of the estate. I told the lawyer that date was not good for me due to work. I am a Registered Nurse at night and was unable to get that day off. I notified him of this a few hours after the date was given to me. I live 5 hours away. The lawyer suggested that I take the oath in my own county in front of the Probate judge. I agreed to do this.

On Saturday afternoon I received a Notice of Hearing in the mail from the Probate Judge in the county my father resided and passed away in. The Notice of Hearing had the same date (yesterday) that was not going to work for me due to my work schedule. I again emailed the lawyer and told him I was unable to go to the Hearing dated 7/30. He advised me that he would be asking the Judge to let me be sworn in where I live. So obviously I was not in court yesterday for this Hearing.

The lawyer's paralegal has sent me an email advising that the "judge is very displeased that you did not appear as ordered. He has advised that you are not allowed to swear in in any other court except his and his notice for you to appear was not rescinded before today."

I emailed her back telling her again that I have advised them several times I was unable to be in court on 7/30 and now she is talking about me being in contempt.

Is the Notice of Hearing the same as a Notice to Appear? I would have thought if I HAD to be in court a sheriff's deputy would have served the paper.

What should I do at this point? My dad's wife and I was left executors of the Will. I do not want to give up my rights to be an executor but the lawyer is being very hard to deal with at this point.


Probate Court Procedure: Notice of Hearing - Probate Court - Father's Will

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