If real estate goes to one beneficiary and the residual estate goes to another beneficiary, does the mortgage on the real estate need to be paid off with residual assets, or can the mortgage be assumed by the beneficiary of the real estate? What options does the PR have? Can the PR seek an... Read more »
This question requires more information. It could be that the mortgage must be paid from the remaining assets upon transfer. It also depends on how title is held currently held to the property. The estate remains liable on the mortgage if you simply transfer the oropteru without resolving the...Read more »
You have no authority to act in place of your husband unless the court issues Letters to you. The court can't do that if you do not file the will for probate. You might consider filing a petition for year's support to have the house placed in your name. once it is in your name, you can sell it.
I'm not certain about your question. Since you are the executor of your husband's estate, I assume Letters Testamentary were issued to you. You are required to do whatever the will says do. If you are supposed to sell the home, then you simply sell the home. You do not need to be on the mortgage...Read more »
If your husband has a will it is your obligation to file the will with the probate court. However it is not your duty to all for the will for probate. If the car is the only asset your husband has you should be able to go to the county tag office and sign an affidavit that will allow the tag office...Read more »
My sibling lives in Europe. There was a pay on death account for my brother and I contacted the investment firm to ensure they contacted my brother to make payment. The firm contacted him and my brother collected the money. However, I am the beneficiary of her home which I can’t sell unless he... Read more »
You have to use any assets that are in his name to pay his debts. If he runs up his credit card debt, owns nothing when he dies, then he is telling you the truth. So, be very careful to make sure he truly owns nothing when he dies and you do not have to repay the credit card debt.
Closing an estate involves filing a Petition for Discharge. To file this, you must have paid all creditors, accounted for all administrative expenses and have distributed all property in accordance with the law or with the Will.
My father died in January with no valid will. I need to petition the court to be made Administrator and I have my petition papers for probate court ready to be filed so I can sell his only real asset - his car. As I thought about it, he also had some jewelry, not much, but some. I have no idea... Read more »
Your question leaves me wondering if there is a trust or a will? To file a claim for a full accounting in probate court, the will must have been filed, admitted to probate and no less than 6 months have passed since the executor was appointed. If you are looking for an accounting for a trust...Read more »
My wife wants to be added to my deed. I want my daughter to have the home after I die. Currently the home is empty and I reside in my wife's house with her. I want to leave my house to my daughter, but my wife objects. I have a daughter and she has a daughter and there's disaccord within the... Read more »
My dad was married and had 10 acres of land and a home that was in both of their names and she passed away over 10 years ago and neither one had a will and my dad passed away a year ago and leaving me being his only living child. my Step Brother convinced me that it was for my best interest to give... Read more »
As song as the will was witnessed by two people when it was signed, the will is valid. It would be better if it also contained a Self Proving Affidavit signed by a notary and meeting Georgia's standards. It would not hurt for you to pay a lawyer for 15-20 minutes time to review your document to...Read more »
My mother recently passed away, in her Will it states that my older sister, older brother and myself have rights to her belongings she's left behind. My step parent has took it upon himself to throw out her items left to me and my siblings. He's not listed in her last will and Testament to have... Read more »
If your uncle died with a spouse or any children-ever-, then your uncle's siblings will share in his estate. If your parent, who was your uncle's sibling, passed away, you are entitled to inherit your parent's share of your uncle's estate. The same applies to your cousin.
I have two children from a past bad relationship. Me and my children got away from this relationship in 2007. We started a new and better life and didnt have much to do with the decent. 2 years ago my childrens father died in his apartment from a fire. The mother of the decent filed a lawsuit.... Read more »
if you die wrongfully in Georgia, the surviving spouse of the deceased person has a right to file a claim for the wrongful death. If she recovers anything. she is required to share the recovery with the deceased's children. The children will get 2/3 of the recovery and the spouse will get 1/3 of...Read more »
The short answer is yes. You must maintain his share for him. You have to make a diligent search for him. This is an estate expense. Once you have given up trying to locate him, his money must be kept in the estate account. People are presumed dead after 7 years of no one hearing from him. You...Read more »
Kids preceded her in death. Her Will leaves the home to myself , brother, & stepbrother (deceased) I have been told both wills have to be probated separately: since there is a will is it even necessary to even go thru probate? I live currently live in the home, my brother lives in another state.... Read more »
It depends on whose name the house is in. If the home is in both parents' names, you will need to open an estate for each. Be aware that if your step siblings had children, they have an interest in the estate
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