Money was stolen from my fathers estate in 2015.I know the amount that was taken and who took it.I also have documented evidence to prove it.Is it to late to ask the probate judge to have this money returned?
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
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
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
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?
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...View More
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...View 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... View More
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...View 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... View More
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...View More
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.
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.
We live in Ga. Their dad's family lives in TX. In 2014, they came & took kids stuff & their dad's stuff & his body back to TX. I filed the Will I had in the county he lived/died in 2014. 8.5 yrs later the kids were told their dad did another Will 2 wks before he killed... View More
I am trying to probate will solemn form for my dad who passed. I am the only living child, I have two deceased brothers who died before him. They had children, so would they be considered representatives on paragraph 4 of the form?
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.
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?
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... View More
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.
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.
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