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 »
You father-in-law's money is his money and he can leave it to anybody he wants. He could disinherit all of his children and leave it all to charity if he wanted to. So, yes, your father in law can choose to disinherit his son and all of his son's relations (including you) if his son...Read more »
If you're questioning the validity of the will, it sounds like you're interested in contesting the will. The statute of limitations to contest will depend on the type of probate brought by the executor or interested person. If it's common form probate, then an heir has up to 4 years...Read more »
Nephew predeceased her (decedent) & never married. He was son of her sister (hence nephew), sister (mother) predeceased the son. Father of son (who is also now deceased) remarried & had two children by another mother, so the nephew would technically have a half brother/sister.... Read more »
The will, as long as it's valid, is what controls in this situation. You have to the look to the intent of the testator and what is to happen to the remainder shares when a beneficiary is no longer available to receive under the will.
a. If a subscribing witness is also a beneficiary under the will, the witness shall be competent; but the testamentary gift to the witness shall be void unless there are at least two other subscribing witnesses to the will who are not beneficiaries under the... Read more »
Within the estate without an attorney? I want to sell one of my dads houses before it goes into foreclosure, my sister lives in the home but can no longer pay the mortgage. need advice quick in Macon Ga
POAs are terminated by the Principal's death. Since the Will was not Probated, it has no effect. The Heirs At Las of the deceased owner are the owners of the real property. Contact a competent GA attorney to determine Heirship, then draft an Affidavit or the Deed stating the...Read more »
Apparently they are. A quick internet search revealed this:
To redeem S&H Green Stamps call the toll-free number 1-800-435-5674 and request a catalog. Stamps are redeemable in merchandise or cash at $1.20 per full book. If you want to redeem your stamps for cash, mail the books to...Read more »
I am her daughter and I've been caring for her for approximately a year I live out of state, and she's not wanting to move with me up to Knoxville because she's 93 years old and bedridden. I'd like to know if I can legally sell the house to pay for an assisted living place for... Read more »
It is not possible to answer your questions without actually reviewing the powers of attorney that you hold. You also would be well served by consulting with an elder law attorney to not only review the powers of attorney but also give you some advice about Medicaid crisis planning.
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 »
Your question cannot be answered in a forum meant for answering questions of a general nature. Your question is very specific and cannot be answered without reviewing the terms of the trust. Every trust is unique and there are no general rules that can be provided for when a distribution is...Read more »
If, in the separate maintenance agreement, one side kept the co-owned home and renamed in their name only while the other bought their own home with the decree settlement, do both properties automatically transfer to the surviving spouse if there is no will? In other words, can one spouse move... Read more »
If your name was not on the property, then then the estate will have to be probated in Probate Court and the property will be distributed to his heirs. As a spouse you are considered an heir, however, you will need to look at your separate maintenance agreement as to whether you gave up your rights...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.
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.
US citizen (Georgia resident at time of death) had a land in France. He had a will but that specific property was not included in Will. What inheritance law applies to this property? Georgia law or French law? I would appreciate if you quote the georgia law section that mentions that.
The Residuary Clause of the Will includes non-devised real property. So the Residuary Beneficary owns the land. You will have to hire a French attorney to cure title there, but I am sure a certified copy of the Probated Will is necessary for ancillary administration.
Are you referring to ensuring lawyers are legal to practice in the state? You can call the state bar to make an inquiry regarding that. They will also tell you if there are complaints against an attorney.
I would first like to extend my sympathy regarding the loss of your father. The short answer to your question is yes. You should file a claim against the estate in probate. Sending out a "bill" to your sister is not sufficient. In order to protect your claim a properly filed claim...Read more »
Originally it was owed by his Father. When he died it went to his Mother and when she died it went to his Stepfather. My husband didn’t get along with his Stepfather so I was surprised when his Stepfather gave him stock. Now that my husband and I are divorcing, is the 100K considered... Read more »
No one can give you an exact answer, but it is possible that the money was converted to marital property when it was placed into the joint account. Speak with an attorney about your case so they can review your documents and give you specific advice.
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