In Georgia, can privacy be allowed in court on a dead persons joint bank account while the estate is disputed.

As and Atlanta, Marietta, and Cumming, Georgia Probate Lawyer, I have seen many instances when the privacy of an individual’s affairs was desired and requested. However, because of the nature of legal action, this is not always possible. One option the executor should request is that bank account numbers be redacted (or marked through) to protect the privacy of the account. This can usually be done as long as this portion of the bank account is not pertinent to the inquiry or legal determination. Additionally, it can be requested that the judge view matters with “in camera” to determine their relevance and the necessity of further disclosure. This is a viewing outside of the courtroom and in the private chamber of the judge, or other private location. However, at the end of the day, since these accounts are being called into question and there is a legal determination which must take place concerning these matters, there is a little the executor can do to keep the information from kept private and/or being provided to persons who have are part of the dispute or have a legal interest in the case. The executor should hire an attorney to assist in protecting the privacy of the decedent to the extent possible. Duncan H. Adams, Esq. THE ADAMS LAW OFFICES, LLC

If subpoenas have been issued, the banks will be required to comply with the subpoena unless you file a motion to quash the subpoena and give the court a reason to excuse the bank from complying with the subpoena. I suspect the person issuing the subpoena will obtain the records over your objection.

If the status or handling of the account is an issue in the complaint a subpoena would be an appropriate way to obtain factual information despite the wishes of the deceased. Your lawyer should be able to advise you as to whether a Motion to Quash the subpoena might be effective. This action could stop or prevent the delivery of the items sought. There is a bias in favor of the disclosure of facts which might lead to information related to the case even if that information might not be admissible. But the law does provide some relief from having to provide certain information. You should have the advice of a lawyer. Springfield is a small community as you know, I used to live there.