Where you live is immaterial. Where the estate is being opened is what matters as that state's laws will govern the administration of the estate. Whether you should consent to granting powers, excusing reporting and not requiring a bond all comes down to trust. Is your brother going to do the... View More

A written loan document giving you security in all that he owns and filing that in the records department of your court should do it. Naming you as a beneficiary of his life insurance will do it if the life insurance stays in full force.

The simple answer is no. But, when parent died, child would be an heir to her natural parent's estate. Depending on facts of case, an equitable adoption might exist between step parent and step child that would allow for inheritance. You should see a probate lawyer about that possibility.

You should go by the probate court where the will is filed and get a full copy of the probate file. It will include a copy of the will. Once you review it, if you believe something is wrong, contact a lawyer specializing in probate law to get advice.

You have a mess on your hands. You will need your the step-dad and 2 siblings to sign a disclaimer stating they do not want anything from the estate. If your brother who died has children, they are entitled to your brother's share.

The will isn't admitted to probate and the executor is never appointed until the heirs are notified. The petition will just sit there.

If there is a court order declaring you a child of the deceased, and the parent died intestate, you are entitled to your share of the estate equal to your siblings share. You should consult an attorney specializing in probate work before you lose your rights.

Generally speaking, you have to open an estate to transfer real estate. However, you must share the estate with your spouse's children after paying all debts of your spouse. You could also file for a Year's Support.

Yes. However, a sibling is not usually someone who inherits from an estate. Your siblings who need to have no spouse, children or parents alive before a sibling is in a position to inherit from an estate.

Assuming the brother who died does not have a spouse or any children, the mother will inherit everything. the brother in jail does not inherit anything.

The court cannot order someone to return the money. Even if everything you say is true and the thief admits it. The court can give the estate a judgment against the thief. That's all a judge can do.

If the thief was (is) the personal representative and under a bond, getting judgment... View More

This is far more complicated than it seems. If the spouse has a wrongful death claim, and elects not to pursue it, the claim goes away. No one else can pursue it. If she wants to pursue the claim, but does not want the money, she has to first get it, and then give it away, which comes with gift tax... View More

It depends on the language in pension agreement. Some plans leave directly to heirs if no beneficiary is named. Others leave it to the estate if no beneficiary is named. You need to check with the pension provider to get you an answer.

Why are you just raising these issues 10 years later. What happened to the will you filed with the court?

The insurance company contract dictates who receives the proceeds of a life insurance policy. Some company contracts state the estate receives the proceeds when no beneficiary is listed. Other company contracts say the heirs or next of kin receive the proceeds. You first need to get a copy of the... View More

Yes, they must be disclosed. Whether they inherit under the will is a different question. You should consult with a probate attorney to determine whether they inherit your brothers' share under the will.

Estranged? I assume you are still married? Was a divorce or legal separation pending? The answers to these questions s determine your rights.

Assuming you are married and no pending legal action, you are entitled to petition the probate court to open an estate. You are entitled to one-third... View More

The simple answer is yes. You must file a claim against the estate by notifying the personal representative and also filing that claim with the probate court.

The claim can be extinguished with an award of year's support so keep up with the progress of the estate through the probate... View More

It depends on how the Will is written and whether your mother died before your grandfather. If your mother outlived your grandfather and the will is a standard will leaving everything to the four children, then your mother's will dictates who inherits her share. If your mother did not have a... View More

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... View More