Get free answers to your legal questions from lawyers in your area.
The members of the S-Corp would like to change the ownership structure (which affects distribution ratios), can they vote to made the changes in the operating agreement effective from the beginning of the calendar year? Are they allowed to vote to make it effective from an older date?
years is located and he passes away, does his half of the land transfer to his widow protected her from loosing her home or does his half of the land transfer to his sister? Their home and the land is in the state of Georgia. There was no will.
answered on Jun 22, 2018
Because he died without a will, the wife will inherit at least 1/3 of his assets and his children will inherit the remaining 2/3 of the assets. If he has no children, the wife will inherit the entire estate.
If he owned one half of the house with his sister, and he and his wife lived in... View More 
My father passed away without a will in the state of Georgia. He had gotten married 5-6 months prior to his death. He has 4 kids. He had some things at his wife’s home, but had two storage units full of family things and items. She has been accessing & going through these storage units and... View More
answered on May 27, 2018
She can access any accounts on which her name appears. Likewise, she can access the units if her name is on the storage unit rental. If it is not, you can send the storage facility a copy of his death certificate and ask them to restrict access until an Administrator is appointed. You and your... View More
Is suing us to pay his HOA,in collection because to my understanding, my brother didn't have anything to probate, we was told we are responsible for his HOA fees after he passed away in the state of Georgia
answered on May 10, 2018
You are not required to pay your brother's outstanding debts. Only his estate is responsible for his debts. That said, if he has HOA fees, it sounds as though he owns a house. If he owns a house, his estate may have value and one of you might consider opening his estate, selling his house,... View More
answered on Apr 10, 2018
You cannot include LLC or INC on your name if you are not registered as such with the state.
We have been living in my husband's family home for five years. His mother passed away two years ago. His father nine years. He is disabled and can not read. Recently, we have discovered that it is his name on the deeds along with his mother and not his father's. We were considering... View More
answered on Apr 4, 2018
You need to have a lawyer review the deed to determine whether the home belongs to your husband aline or with his mother. Deeds are very specific.
Ive been recently evicted out of my dads house by executor brother of mine and maid me homeless.
answered on Apr 2, 2018
Assuming the executor had been issued letters testamentary from the probate court and is following your father's will, then yes he can. He must follow regular eviction procedures to take the jouse from you. You should contact a lawyer to discuss your options.
Dad died last month. I am named executor in his will. His second wife died 7 years ago. Our mother died 30 years ago. Dad had 3 daughters and 1 son, who died from cancer 20 years ago. Dad's will is signed and notarized and we all have a copy. I have the original. His will states that... View More
answered on Mar 30, 2018
Because you mentioned that there is a house and a car and land, you will need to go through probate. You should file a Petition to Probate Will in Solemn Form. You might be able to handle this without a lawyer, but a lawyer who works in probate and understand probate will be invaluable to you in... View More
we inherited my mom home she had no will we appointed my aunt as administrator my brother and i had to move out of my mom home due to tge activity and behavior of my sister for the last 3 years she has been in the home not paying any rent just land tax once a year my brother and i are tired of not... View More
answered on Mar 30, 2018
You have to file a petition to partition in the superior court of the county where the house is located. This is a complicated petition and will probably require the services of an attorney.
My husband was willed this mothers home. The POA decided to sell the home (so the money could be used to take care of the owner) and the owner passed less than two months later. Who should received the money from the selling of the home? The owner passed away in SC, but the property is in GA.
answered on Mar 26, 2018
If the power of attorney was properly using the POA, then the money derived from the sale of the home will pass in accordance with the Will or the laws of intestacy. The money does not flow to the person who was left the home in the will.
She has a will and left mecas executor. We have been to probate court in Rockdale County where she lived, and they send us to real estate. Where do I go to have the deed transfered? Thank you.
answered on Mar 26, 2018
Assuming you were granted Letters Testamentary, you need to execute an Executor's Deed and file the same with the Deed Room with the Clerk of the Court .
My motther left no will and verbally told me I was beneficiary to life insurance. She has passed and come to find out the life insurance beneficiary is "to the estate of." Now we are going through probate. Im and the only child and heir. Her husband/my father passed before her. I have... View More
answered on Mar 26, 2018
It is not your obligation to track down bills. It is your obligation to run the Notice to Debtors and Creditors in the legal organ of your mother's county. It is your obligation to honor bills you receive through the mail that are your mother's bills. You can negotiate the bills to... View More
Someone else owns the land. I have 3 siblings and 2 of them won't cooperate with probate or does there have to be probate since it isn't worth much and she doesn't have anything else? Is there a way around probate to get rid of the trailer in her name? We live in KY
answered on Mar 25, 2018
If way around probate, you mean get rid of the trailer and collect some money for it, the answer is probably no. If you mean get rid of the trailer and there is no money to be had, then you should simply ignore the trailer. The lot owner will ultimately foreclose on it and it will be gone. You can... View More
I lost my job and must sell house. I have an offer and need to close by 3/30. Divorce decree awarded house to me and I had forgotten LLC. Ex died in 2015. He was self employed and incurred IRS debt while married. Divorce also stated he agreed to pay IRS debt and he made payments until death. IRS... View More
answered on Mar 22, 2018
, you did not mention whether the title to the house is in the LLC. You said he formed the LLC for the purchase for the purpose of buying the house. The LLC owns the house you will need to probate your ex-husband's estate in order 2 remove the house from the LLC. To open his estate, you will... View More
answered on Mar 17, 2018
Yes. As long as the form is notarized properly, it can be signed by anyone living anywhere.
answered on Mar 17, 2018
Generally it means that the executor has been given broad powers to settle the estate. Included in these Powers is an ability to sell property without consent of the Court, borrow money for the estate as necessary, and other things along these lines.
When his girlfriend went to the light company for Service they told her the house needed to be inspected before services could be provided but the landlord had already tooken their money and wouldn't give it back to them when they asked.We found out later that the landlord had put full... View More
answered on Mar 14, 2018
In Georgia, if there is a wrongful death of an individual who is married, the spouse is the one who must bring the claim. If the deceased person was not married at the time of his death, and he has children, then the children own the claim. If the children are minors and their remaining parent is... View More
The only thing her name was on with him was their home which he will continue to live in.
answered on Mar 12, 2018
In Georgia, you are only responsible for debts you incur. Your father will not be responsible for debts of his wife unless he signed making himself obligated for them.
"There is a body of substantive law that under certain circumstances, the probate court can rule that the beneficiary designations on financial accounts were for administrative convenience, and that the money was intended to be divided according to the terms of the will."
answered on Mar 9, 2018
A superior court judge can rule that the joint owners were on the account for a convenience and the money in the account belongs to the primary account holder. The probate court cannot make that determination.
She does owe some small amounts on medical bills. Do I have to pay that?
answered on Mar 8, 2018
You do not need to open an estate based upon your facts. You are not responsible for paying your mother's bills.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
