probate matters are the same throughout the state. Only on rare occasions is a court appearance needed. Otherwise, you can use a lawyer from anywhere who is licensed to practice in Georgia. You should look for a lawyer experienced in probate administration.
If your brother resided in Georgia, his wife or children need to determine if he has assets requiring a probate being opened. For instance, if he has bank accounts exceeding $10,000 or real estate then they will absolutely need to either open an estate or file for year's support (if the...Read more »
He has well over one million dollars worth of assets. And the will is only one page. It's extremely vauge to say the least. I am now being pressured to sign "acknowledgement of service..." and am unsure how to proceed.
on the surface, nothing you said makes the will invalid. Ex-wives are excluded as though they predeceased if they appear in the will. If a child was born after the will was signed, he might still be included. You should seek legal guidance before acknowledging service and asserting to probate.
I don't have enough information to advise you. If the house was owned as joint tenants with right of survivorship, she owns the house. You are free to open an estate for your father and investigate what happened to his estate.
You should never sign any document you receive without fully understanding what you are signing. You should hire a lawyer to explain to you exactly what you are signing. For this very limited purpose, a lawyer should need about 15 minutes to review what you have been given and explain it to you....Read more »
My mom's parents owned a home together in GA (w/o rights of survivorship). They had 3 kids (#1, 2, & 3). Kid #1 died in 2001 & has 3 children. My grandma then died in GA in Sept 2003, presumably leaving her half of the home to my grandpa & her children/grandkids.
First, get a lawyer to help you through this. By the time to finish with all the issues that will arise, you will find that a lawyer will save you time, and at the end of the day, money. You can only open a probate in the county where the deceased person lived. There are some rare exceptions to...Read more »
Man dies leaving car to his wife who then takes full ownership titling it in her name. Man also puts in will that upon wife's death his son is to have the car. If the car is legally the wife's now, is this even legitimate?? Does the son have a claim?
missing since 2004, it has been almost 15 years now and i need to know how to get him legally declared dead with certificate to take care of Social Security. what are my options or information on how to do this?
There is a process in probate court to have a missing person declared dead. You in all likelihood need to retain a lawyer to help you with this. You should interview lawyers who have experience with this kind of matter and who practice mostly in the probate courts. It is a rare petition to...Read more »
Yes. While it is usually not advisable, it is legal. When there are co-administrators, they both have to be around to sign all documents and checks. You will be hard pressed to find a bank that will allow you to demand two signatures on a check. Also , without proper language in a will, you...Read more »
That is a very difficult question to answer because there are so many levels of help. Rather than worrying about how much the lawyer is charging, interview several lawyers across the state, ask what they charge and what services they offer. Choose to hire the form lawyer offering you the best...Read more »
Because she is 77 years old is not a reason to remove her as executor. Not doing her job is a reason to remove her. If the estate is more than 6 months old and she should have concluded her duties as executor by now, you need to file a petition to settle accounts. If there is a good reason why the...Read more »
I gave her a copy. There are no more beneficiaries. Do I have any exposure. I have a sister and a half sister. They were not listed in the will or the trust. Do I have legal requirements none petitioned his death at the time. And from what I was told were not required to have a copy of the trust.... Read more »
This question is way beyond the scope of a proper answer. The answer depends on the trust language, the will language and any amendments. If you are the sole trustee and are concerned with what happens when you die, a consultation with an estate planning lawyer is appropriate. Something has to...Read more »
Does Georgia law permit a probate court judge discretion to 1) refuse to order an evaluation by a physician, psychologist or a licensed clinical social worker, 2) If no, does the State of Georgia recognize the guardianship order, and 3) prohibit, or even have the authority, to deny an application... Read more »
I am the oldest of 4 adult kids, and single mom to a teen. I can no longer provide the financial and physical support for my aging mom ( turns 70 in Jan) as I have for the past 14 years. My other 3 siblings have no children, although the next oldest is married. Can I be sued for asking Mom to move... Read more »
Seems kind of cold on Mother's Day, but you are free to evict any adult in your home who is not on your lease or your title. Tou will go to the magistrate court in your county and file for a dispossessory.
No. Your husband needs to file to open an estate for his father in the county where his father lived. He should attempt to be appointed administrator. Once he is appointed administrator, he can determine what the next decision for the estate should be. It is not to move into the house....Read more »
My brother has been living off my grandparents for several years. When they passed away, they did not leave the house to him. The will states that their assets be divided 50/50 among my brother and myself, including the house in which he’s continued to live in for free. He’s paid no rent to the... Read more »
It is very difficult to give you an answer to a question that is pending in court right now. You and your brother have all sent lots of papers to the court to review. You posted a simple question here. Rent may well be owed, but it will be offset by repairs and additions to the house that...Read more »
Over 5 years ago my father told my oldest brother and sister that he wanted to leave the house to me since I had been taking care of him for over five years as his caregiver. They fully gave their blessing. Without my knowledge, another very untrustworthy brother that my father purposely left out... Read more »
I cannot tell from your question if your father is still alive or not. If your father is alive, all he needs to do is change his will again to reflect his true wishes. What someone tells you during life is unenforceable when that person dies unless it is in his will. If your father is dead, and if...Read more »
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