You do not mention where your father was domiciled at the time of his death. Also, you do not state whether you have received letters testamentary from the probate court of the county in which he was domiciled. In any event, if your father owned property in Florida and you want to have your... View More

If real property is owned in Georgia by two people as joint tenants with survivorship, upon the death of the joint owner to die first, the property would be owned by the surviving joint owner. In such case, standard practice in Georgia would be to file an affidavit with the Clerk of the Superior... View More

A person named as executor in a will does not actually become the executor until a petition to probate the will is filed and the probate court issues letters testamentary to the person named as executor. Until letters testamentary have been issued, the person named as executor would not have any... View More

The testator (i.e., person who makes a will) states who she wishes to be appointed executor of the will. However, it is the Probate Court which actually appoints the executor. If your mother owned real estate, you will need to file a petition to probate the will and be appointed executor. After... View More

One thing the personal representative must do is file a notice to creditors. "The [personal representative] must publish a notice to creditors within 60 days of the date the [personal representative takes office. This notice to creditors must run for four consecutive weeks in the official... View More

Provided the out of state heir is an adult and competent, he or she may sign the document to which you refer. If such document is properly signed and notarized, it would be effective.

Under Georgia law, if a person dies without a will, his "heirs" inherit his property (to the extent that such property is part of his probate estate). (Please note that the heirs only will receive property after the decedent's debts have been paid or arrangements for such payment... View More

A general financial power of attorney would terminate on the death of the principal (i.e., your grandfather) and the agent (i.e., you) no longer would be able to use it. Therefore, the answer to your question is no. You should consult with a probate attorney to determine the best course of action... View More

The answer is "not necessarily." In some circumstances, it would not be necessary to file a probate proceeding in both states. It depends on several facts which are not included in your questions. I recommend that you retain the services of a probate attorney to assist you in this matter.

My condolences to you on the passing of your husband. In your individual capacity, you cannot execute a deed to transfer the property to yourself. You do not mention whether your husband had a will. If he had a will, the property would pass pursuant to the provisions of the will. If he did not... View More

For an attorney to be able to advise you properly, he or she would have to review the provisions of your father's Will and might need additional information. You should consult with a probate attorney.

It depends on whether or not your sister has been appointed as executor. The appointment of an executor by the probate court does not occur automatically, but must be initiated by the filing of an appropriate petition by the person named in the will as executor. Georgia law provides certain... View More

In Georgia, real property held by multiple persons as joint tenants with survivorship passes to the surviving owner (or owners) on the death of a joint owner. If real property is held in the name of one person, to whom the passes depends on whether or not the decedent had a will. If the decedent... View More

The administrator of an estate has the authority to collect the decedent's assets. Someone must petition the probate court for appointment of an administrator for one to be appointed and for letters of administration to be issued to such person. I recommend that you consult with a probate... View More

Under Georgia law, if a person owns real estate in his own name and he dies without a will, the property would pass to his wife and his children. You should seek the advise of an estate planning attorney.

You state that there was a will. However, you also mention that there was a "no administration necessary" proceeding. As stated in Georgia Probate & Administration, "[g]enerally, an application for no administration necessary is appropriate if (1) a person dies without a will;... View More

If the decedent was a resident of Florida and if the property were located in Florida, I would recommend that you consult with a Florida probate attorney.

O.C.G.A. Section 53-4-66 provides: "Except as provided in Code Section 53-4-67, a specific testamentary gift is adeemed or destroyed, wholly or in part, when the testator for any reason does not own the subject of such gift at death." Assuming that the property was given to someone else... View More

The answer depends on several factors. You have used the term "administrator," which would indicate that your grandmother died without a will. You do not indicate who the heirs of your grandmother's estate are. If your father is one of the heirs, then his share of his... View More

In Georgia, a person may appoint an 18 year old person as his health care agent in an advance directive for health care.