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 »
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 »
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 »
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.
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 »
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.
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 »
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 »
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.
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.
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 »
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 »
I assume the Will is on file in the Gordon County Probate Court and the person who died is in Cobb County? If so, file your petition in Cobb and ask the court to contact Gordon County to have the will sentr to Cobb .
While you do not ask a question, I assume you want to know what to do. Until your father passes away and his will is offered for probate there is nothing you can do. Once the will is offered for probate, you should challenge the will by filing a Caveat to it in the probate court where the will is...Read more »
Your sister must follow the will. If there is no Will, then the court will have to appoint an Administrator to handle the estate. The court will appoint whomever the majority of heirs selects to be administrator.
If he is selling assets, it sounds like his name is on the accounts along with your mom. Otherwise, he would not be able to sell the assets. Therefore, you need to figure out if his name is no the accounts you are worried about.
First of all, the exact language in the will controls. Usually, just one sentence from the will is not sufficient to interpret the will. That said, the spouse is an heir, and is the primary heir. Assuming multiple children exist as heirs, they all stand on equal footing and the property should be...Read more »
I filed an Objection, however I do not have the means for an attorney. Can I withdraw my objection or does it matter at this point? Also, does that mean that there will not be any probate if she is awarded the entire estate?
You should have been conducting discovery in order to prove that the year's support is unwarranted. This will be a real trial sort of like you see on TV. You really ought to have a lawyer although at this point, it might be too late.
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