(2) Upon written request from the patient or a person authorized to have access to the patient's record under an advance directive for health care or a durable power of attorney for health care for such patient, the provider having custody and control of the patient's record shall furnish... Read more »
So I would like to know we what I should do. Also am I or my children entitled anything? He did not have a will or insurance. I could really use some help and guidance. Thank you
As his wife, you are entitled to 1/3 of his estate and a year's support. His children are entitled to the remaining 2/3 and if they are under 18, they are entitled to a year's support as well. The separation is a non issue. Find a lawyer specializing in probate law. Because probate law... Read more »
Sort of, but not really. Once your father died, only the executor or administrator can demand an accounting from you. If you are the executor or administrator, he can demand an accounting of you and you would need to go back in time and account for your conduct as POA.
I’m listed to receive his part of the estate but am I entitled to the money listed for him
To receive separate from that
Not sure I understand the question. Is there money in a bank account that has him listed as beneficiary? Did he outlive your grandparents, but then died?
My folks said they were advised by an attorney not to put my name on the deed and that Georgia law requires a property to go into probate. Basically, if there is a way to avoid probate in the state of Georgia what is the best way to go about it?
If someone passes away and their name is the only name on the property, opening an estate is usually required. There are some exceptions. There is no reason to try to avoid probate. Probate in Georgia is inexpensive (under $500 if you do not hire a lawyer) and takes less than a year to complete.
Only name on deed of trust is hers. No husband, just three heirs.
You mention Deed of Trust. Is the title in her name alone or in the name of her as Trustee? If the house is in her name alone, you will need to file for probate in the county where she lived. If the house is on the name of a trust, you need to see what the trust says do.
Yes.
Yes, revocable trusts are allowed in Georgia, but they are rarely worth the money spent establishing them,. Occasionally, a client has a unique set of circumstances that makes a revocable trust proper. Make sure you see a very experienced estate planning attorney to assist you.
I need help looking at Mama's account and taxes. There is probably just the house and some shares in some family stock. Hopefully I will be able to use phone conferences.
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.
Can I contest this claim?
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.
What is in the 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.
Kid #2... Read more »
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?
If the man willed his car to his wife, and she put the car in her name, she is free to do whatever she wishes with the car. She is not required to then pass the car along to the son.
Send certified letter to him. If he continues to refuse to communicate with you, you can file a petition with the probate court.
Yes.
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 »
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