The property deed half ownership is still in uncles name,(intestate )50% and split with two nephews. Aunt never transferred in her name, died, who inherits Uncles half?Aunt had a will, but again never change ownership. Help please do l need to probate her 1/3 rights? Or passes to the nephews upon... Read more »
If your aunt died in Georgia, you will need to open an estate in Georgia. You will then need to contact a KY lawyer to help with transferring the KY land. You may have to open your uncle's estate in the county where he died as well.
This question should be posted to the probate area of law. That said, there is no small estate affidavit in Georgia. If you have been granted Letters of Administration, you should be able to transfer all assets with your Letters.
As your question is worded, it is the estate. As is probably the case, it is the daughter. Most banks add the new signer on as an account owner. Therefore, if she is an account owner, the money is hers. If however, the bank truly added her as having signatory power, but not ownership, then the... Read more »
We have been paying the tax's for about three years as well.
While it is legally possible to assign a life estate to another person, all of the requirements listed int eh first life estate remain in place. For instance, if the life estate requires your wife to live on the property, she must continue living on the property.
Assuming you are talking about a Georgia probate matter, if you never took your oath, you were never issued Letters Of Administration. Therefore, there is nothing to invalidate. The order appointing you should have given you a time period in which to take your oath. You should contact the probate... Read more »
My grandmother passed away leaving her house to my dad and his brother, they are giving me the house No conflict or liens on the house ,it is paid for. How do we change to name on the deed to put the house in my name? I have a copy of the will, the deed, the death certificate and the power of... Read more »
The easy answer is you need an Administrator's Deed to transfer the title to the house. You really need to see a real estate lawyer or a probate lawyer to prepare the deed(s). Since you did not inherit it, it is slightly more complicated than if you inherited it.
How long is a piece of string? Not trying to be smart, but if the trustee agrees, it could take about 10 minutes. If the trustee fights removable, it might drag on for many, many years because of court calendars, etc.
I was told it did not. She was not married and both sons died before her. In her will she left her property to a Nephew who was taking care of her and he died before her as well. The will specifically states that if he pre-deceased her the property comes back to the estate. Her home has a... Read more »
If there are no assets in the estate meaning that there is no money if you sell everything, then you should not open probate.
1. Salary payable to Erma’s nurse-companion for a week prior to Erma’s death.
2. State inheritance tax due on a devise to Erma from her brother, who predeceased her.
3. Attorney’s fee payable to a lawyer who advised Erma during a real estate transaction.
4. Claim for... Read more »
It would be too difficult to give you specific advice on this issue. You are getting into the world of liability for making wrong decisions. You should hire a lawyer, take all of your documents in to the lawyer and let him give you great advice.
My dad died without a will in GA ( gwinnett county). The only assets he has are a house jointly owned with my mom with rights of survivorship and a business checking account which is solely in his name. No POD or beneficiary on the business checking. My question is would I file a “no petition... Read more »
You must file a Petition to Appoint Administrator to secure the funds in the business account for your mother.
Assuming your grandfather died in Georgia, you or any of his heirs can file his will for probate as soon as you have the death certificate. You will file the Will in the probate court of the county where your grandfather died.
The company put the money in an account for them which I cannot touch. I need access to this money for daily living expenses since I can no longer collect child support. What, if anything, can I do?
The companies should not have placed the money into accounts for the children. You should file for a conservatorship and claim the money. You also should be getting social security checks for the children to replace the child support. You should seek the help of a lawyer with knowledge of these... Read more »
Is this for local debtors only?
I'm not sure what "this" is? If you were appointed administrator, you have to run a Notice to Debtors and Creditors in the local newspaper. The ad runs for 4 weeks and generally costs about $80 to run.
she wrote a letter saying she could not find her living will. We have been unsuccessful in finding it as well. She listed where her assets so go. She listed at the end that her current husband (only 9months married) is entitled to nothing and she wants him to get nothing. She has stocks, a car and... Read more »
Because your mother died without a will, there are no considerations given for what she told others she wanted. Nor do her handwritten notes have any bearing on how her estate is to be distributed. You are required to distribute 1/3 of the estate to her spouse and divide the remaining 2/3 among... Read more »
No estate; we have joint checking act. for Social Security, home joint tenants with survivorship, do not own car. He DID have 2 credit cards I can't pay.I'm not on them at all. Do I have to probate in Georgia due to credit cards? Thank you.
You only have to offer the will for probate if there is property needing transfer required by a probate court order. Therefore, all you need to do is file the will with the probate court and tell the judge it is not for probate.
We closed out bank accts with an affidavit but they will not allow us to access the safety deposit box.(we have both keys) We were told we could transfer truck title with an affidavit as well so what form do i file to just get contents of the safety deposit box?
There is no form. You need to file a petition to open safe deposit box for the purpose of inventorying the contents and search for a will.
for her, but am owed over $2000 in wages. First the lawyer told me he had to get on her account, then he said her had to put money in a conservatorship account and now he says he has to get approval from the court before he can pay me. It's been 3 months. What is the truth?
Everything you have been told is accurate. You can ask the lawyer for a copy of the documents he filed in court to get approval to pay you. You can also ask the probate court for a copy of the document he filed for permission to pay you.
the will has been filed with the courts but was not taken to probate. will named spouse as beneficiary. The real property is occupied by the spouse and she is trying to refinance but needs to have the property title put in her name as it was only in her deceased husbands name.
property... Read more »
You have two choices. You can probate the will and transfer the real estate to the spouse by way of the Will. You can also have the spouse file a petition for year's support and ask the court to give the house to the spouse. These are the only ways to get the property transferred to the... Read more »
My brother has taken a car that is registered in both dad and stepmoms name. How do we get back without causing family issues?
This is a probate question, not estate planning. The question is very easy to answer until you throw in that last phrase. Whatever you do is going to cause family issues. If you ignore the problem, I assume the auto insurance will lapse, your brother will be arrested eventually for driving an... Read more »
My mother passed away Thursday. She has a Last Will created and notarized in 2008, listing my brother and I as inheritors (both 18+). She lived in an assisted living facility in GA, owned personal property but no real property, and received regular deposits from SSA-Disability and State Teachers... Read more »
You are required to file the original will with the probate court, but not for probate. Whether you need to offer it for probate depends on the amount int eh bank account. If there is less than $10,000 in your mother's bank account, the bank should divide the money between you and your... Read more »
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