Cosigner has no will, and family does not intend to file probate as he had no assets. Am I able to sell the vehicle with his name still on the title? Or what do I need to do to be able to get his name off the title? Or does the car now belong to me?
answered on Apr 8, 2023
It depends on whether your name is on the title. If so, you can probably take the title and a death certificate to tag office and get the car placed in your name.
If that doesn't work, you can foreclose on the car since deceased person will not be making payments. There is a statutory... Read more »
answered on Apr 2, 2023
It is possible. Every attorney charges different fees. Some collect fees before beginning work. Others collect at the end. Some charge contingency fees. Others bill hourly and dome charge a flat fee.
It will depend on the size and liquidity of an estate. For instance, if the estate is s... Read more »
answered on Mar 10, 2023
The laws concerning inheritance and whether you are an heir are very confusing. Legitimation is not required by law, but you have to be able to prove you are a child of the deceased, either through DNA testing or some other accepted means of proving your heirship. If you have already had a trial... Read more »
He refuses to communicate with me does he have to by law as executor of our mother's estate. There are 4 of us . I ask questions so he refuses to send me emails on whats going on.
answered on Feb 24, 2023
Unfortunately, it all depends on what the Will says do and how much discretionary authority the Will gives him. Without reading the will, I cannot answer the question. However, you have the ability to file a Petition for Settlement of Accounts after he has been in charge for 6 months. This will... Read more »
My dad was killed at his job and we won the wrongful death case(meaning my mom sister and myself) rather the total be spilt between the 3 of us. My mom sat back an estate fund after that she split it 3 ways. My dad had no bills house paid for everything in his name was paid in full and clear. So my... Read more »
answered on Jan 2, 2023
Whenever someone does and at person owns real property, an estate must be opened in most cases. There can be a couple of exceptions. Wrongful death proceeds generally are payable to the heirs with a small sum of the money payable to the estate to cover final expenses of the deceased person. If... Read more »
Can I file a motion or petition to stay or halt all proceedings until they rule on the Will? My cousin died 30 days aft mother & inherited her estate. Family members probated a fraudulent will. Judge is allowing administrator to distribute property which could belong to a beneficiary of the... Read more »
answered on Dec 20, 2022
If a will has been admitted to probate, and you object, you have two options. If the court is not an expanded jurisdiction court, you can appeal the decision to the superior court in the county where the probate court is located. You must file the appeal within 30 days of the order admitting the... Read more »
Had. No will. In Georgia I thought everything goes to spouse when mom passes. Why do we have to sign a paper giving up our rights?
answered on Dec 5, 2022
In Georgia, a spouse is entitled to no less than 1/3 of an estate with the remainder going to the children. In addition, the spouse can file for year's support and ask for whatever they want. You are not required to sign any papers related to the probate of your mother's estate.
Dad says that I am required to sign a form to give him permission to a sell the house. What are my rights currently? What rights am I signing away? The items in the house are sentimental, am I allowed to keep any of those items as keepsake?
answered on May 17, 2023
Georgia law provides that a spouse and children share equally in the estate. If you are the only child, you are entitled to one half of the estate.
Your father had a right to file for year's support which could result in him receiving all property.
You should consult with a... Read more »
I requested an accounting of my aunts estate from exec. I got a vague list of transactions and no inventory of the estate. Executor failed to provide inventory or estate value. Executor diverted estate funds to offshore acct in Canada Also withdrew estate funds 300k for 7 days stating that bank... Read more »
answered on May 14, 2023
You need to file a Petition for Settlement of Accounts with the probate court. You probably should hire an attorney as these filings result in a complex hearing.
Of any life insurance, will, etc. she has forbidden my son any contact with her and didn't include his opinion on funeral planning. My son is 31, does he have rights to anything.
answered on Mar 23, 2023
Your son is not "entitled" to anything except notice from the probate court when someone attempts to open his estate or files for year's support. He can file his own petition to open an estate for his father.
What is my next step? I have already closed joint and designated beneficiary accounts. This is not a large amount of money.
answered on Feb 26, 2023
The best you can do is ask to speak with a bank officer. If that does not work, ask to speak to the legal department. If all of that does not work, you can file suit against the bank and collect attorney's fees.
My Uncle was the executor until I turned 18! I am now 50! How do I gain possession?
answered on Jan 19, 2023
You need to file a petition for settlement of accounts with the court that issued the various probate orders in your case. Yu might need an attorney to help with this matter.
Father-in-law said, according to his Georgia attorney, my husband's portion could not be left to me (spouse) should he predecease his father. It could only go to his remaining 3 children or progeny of me and my husband. Is this true? My husband told his father he would want me to receive... Read more »
answered on Nov 18, 2022
Whether your father in law's will leaves property to survivors of a child can only be determined by reading the will. Wills can be written either way and it would be guessing to try to answer your question without reading the will.
I am already appointed by Fairfax County court as executor but I need help from attorney and don’t know if I can get one in Georgia where I live or if they have to be in Virginia. Thanks.
answered on Sep 14, 2022
You should contact a Virginia lawyer. I would recommend Deb Matthews at 703-548-3699.
For example the young ladies 21st birthday is coming up and she has made requests on the things that she would like to do. The trustee has told the beneficiary no that she can not shop for clothes and shoes for the trip and that she can not get her hair done nor can she get a manicure or a pedicure... Read more »
answered on Mar 21, 2022
A trustee with discretion can deny a request for $$. He can't tell a beneficiary she get get her nails done or anything else. A trustee with discretion must use good faith in exercising his discretion.
8 children, 4 out of 8 were excluded in moms will. Since them one of the 4 has passed intestate with no spouse or children. So, the land and home which was shared interest 4 ways must now be divided 1/4 for the 3 in the will and 1/7 of the 1/4 for the split of the brother who passed intestate. The... Read more »
answered on Mar 9, 2022
You do not need a lawyer to file a caveat. As I tell folks all the time, you don't need a dentist to pull a tooth either. However, I would not recommend doing either without professional help. You should locate an attorney who handles probate matters to ensure you are getting the right advice.... Read more »
Couple was living separately for 10 years, have no children, and the decree provided ~50/50 split of assets. Does the surviving spouse still have all the rights as a primary beneficiary if the other spouse dies intestate? Next of kin are surviving siblings.
answered on Mar 7, 2022
If a couple is living under a separate maintenance agreement when one of them dies, the couple is considered married for all purposes of inheritance. hose rights however can be altered by the terms of the separate maintenance agreement.
The beneficiary was named to receive the residence of the deceased as well as 25% of the estate. The deceased died in 2004 and the administrator has refused to make distribution.
answered on Mar 2, 2022
Is this estate in Georgia? If so, while it is highly unusual to wait 15 years to demand your inheritance, it is not too late if you did not sign a consent to discharge the executor and the estate is still open. You can call the probate court and ask if the estate is still open. You can file a... Read more »
Does court or lawyer bring this up when stored in as exector about my fees
answered on Dec 27, 2021
If you are the executor, you pay yourself the executor fees from the estate. The court does not pay you the fee. The court does not tell you to take the fee. That is something you need to handle with full disclosure to the beneficiaries.
as my sisters sole caregiver can i not claim a share of her estate, she owned her home but had no will she was estranged from her daughter am i not entitled to compensation for the 20 plus years i took care of her why should a neglectful daughter get everything when she never showed her mother any... Read more »
answered on Oct 11, 2021
Without a will, you are not entitled to any inheritance unless you have a written caregiver agreement with your sister.
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