in the state of GA does objecting mean the samething as contesting?
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in the state of GA does objecting mean the samething as contesting?
my uncle’s wife is objecting to his daughter’s being the executor of his will ,claiming conflict of interest and being unfit.
Asked on December 3, 2016 under Estate Planning, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, in this context, "objecting" and "contesting" are the same thing, or rather can be: if your uncle's wife brings a legal action or challenge (which she has apparently done) against the daughter as executor, then it doesn't matter if she calls it objecting or contesting--it is a legal challenge which the court will hear and decide.
A "conflict of interest" is not valid grounds to object to an executor, however: an executor *may* be an interested party (e.g. may be on one of the heirs or beneficiaries). As long as the executor in fact acts in an appropriate, fair, and prudent fashion, and does not engage in any impermissible acts, like "self dealing" (benefiting self more than the will states or provides she should benefit, at the expense of other heirs or beneficiaries), any conflict is irrelevant.
As for "unfit," the only type of unfitness that would generally disqualify an executor would be mental incompetence.
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