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There was an original will and everything was to be divided equally between us 3 but now it’s only her name to have his estate.
My dad did pass away 11/2020. My other sister and I filled A grievance with the probate court over they will.
answered on Oct 7, 2021
While you do not ask a question, I assume you want to know what to do. Until your father passes away and his will is offered for probate there is nothing you can do. Once the will is offered for probate, you should challenge the will by filing a Caveat to it in the probate court where the will is... View More
My baby brother needs a vehicle. He asked my sister about moms car. And she said $1000. Is this correct.
answered on Sep 19, 2021
Your sister must follow the will. If there is no Will, then the court will have to appoint an Administrator to handle the estate. The court will appoint whomever the majority of heirs selects to be administrator.
Mom’s husband is my stepdad when she passed away he is selling all assets pocketing all the money I have one sibling and we are both My mothers biological children thanks
answered on Sep 13, 2021
If he is selling assets, it sounds like his name is on the accounts along with your mom. Otherwise, he would not be able to sell the assets. Therefore, you need to figure out if his name is no the accounts you are worried about.
We reside in Georgia.
answered on Sep 10, 2021
If you have a will leaving everything to your wife, she will inherit your inheritance. Otherwise, it is divided between your wife and your children.
"Heir" is deceased. Family decided widow is not a legal heir, so descended to children. Family insists property MUST be held jointly, giving control to one child, avoiding any input from other heir.
answered on Sep 4, 2021
First of all, the exact language in the will controls. Usually, just one sentence from the will is not sufficient to interpret the will. That said, the spouse is an heir, and is the primary heir. Assuming multiple children exist as heirs, they all stand on equal footing and the property should be... View More
I filed an Objection, however I do not have the means for an attorney. Can I withdraw my objection or does it matter at this point? Also, does that mean that there will not be any probate if she is awarded the entire estate?
answered on Aug 26, 2021
She will get everything she asked for unless you fight it. There will be no probate filed if she includes all assets on the petition for year's support.
I don't know what is expected of me and I don't know what to expect. I have no access to proof or evidence because I have not been allowed in my father's home since he has passed.
answered on Aug 26, 2021
You should have been conducting discovery in order to prove that the year's support is unwarranted. This will be a real trial sort of like you see on TV. You really ought to have a lawyer although at this point, it might be too late.
answered on Aug 21, 2021
Hopefully your moms estate was opened years ago. If not, need to open Dad's estate, then Mom's estate. Tuttle of property will determine who gets what.
answered on Aug 19, 2021
You are a tenant in the house and can stay until you are evicted. You cannot be evicted until someone is in charge of the estate. Once an executor or personal representative is in charge, that person can begin eviction proceedings. You will need to pay the utility bills to keep the utilities on.... View More
Is the Power of Attorney assignable? Is there another way to legally appoint someone to see to my affairs for my husband who isn't able?
answered on Jul 16, 2021
The power of attorney hopefully has a successor person identified to take over if something happens to you. If it does not, you cannot assign your power to another person.
My father in law died, leaving my husband everything and naming him the executor to his will too.
My husband died before he could finish the probate process. Our children (Minors) are now the heirs but the new executor won't tell us what's there. We have repeatedly asked for an... View More
answered on Jun 21, 2021
You did not mention whether your children are adults or minors. If adults, they need to file a petition for settlement of accounts with the probate court that issued letters. You probably should consult with an attorney specializing in probate work for assistance.
Prior to them consulting the ward. Law states that 60 days after appointed over ward either by hand delivered or date stamped mail they are to sit with ward listen to them & inventory assets. They have not even contacted ward & 60 days are up however she closed all the accounts leaving... View More
answered on Jun 14, 2021
yes as to closing accounts. Call conservator and make an appointment for ward to visit. Share your concerns at that meeting. Get a budget established. If all else fails, contact probate court.
And is that considered the 60 days from served documents the notice put shows no letters from the courts that were to be mailed or hand delivered? Conservator hasn't as much called or anything to see what he needs but closed all His accounts leaving him w no $ not even being to get gas to... View More
She only has about $1500 in account. She needs to pay her soc sec back, her cable, phone and water bill. She may also have medical bills left. Hoping her $1500 will cover it. But the bank said I need to go through probate in order to allow the bank to pay the bills. What if she has passed... View More
answered on Jun 14, 2021
Sounds like you need to apply for guardianship and conservatorship.
The land was in his and his brothers name the home his only he was legally still married but separated for over 25 yrs. He wanted me to always have a home here for long as I wanted if he died. Can his family kick me out and things we bought while together do I have to let them take it all
answered on Jun 11, 2021
Depending on how the land was held with his brother, the land now belongs to the brother or still remains in your boyfriend's name. Without a will from your boyfriend leaving you property, you will not inherit anything. Further, whomever does inherit will be able to evict you from the... View More
My grandparents gave my dad 1.5 acres out of 38+ acres in Georgia 40+ years ago. It has been in his name since, and he has paid the taxes. The remaining property belonged to grandparents.
My grandmother, who had survived my grandfather, died in January. My uncle is telling my dad that he is... View More
answered on Jun 3, 2021
If a deed was given to your father for the 1.5 acres, then it is your father's land. You should have a real estate lawyer run title on the land to ensure your father owns what he thinks he owns.
I filled this Caveat with Gordon County probate Court I did this with information from the internet .. My mother died my evil sister made her sign a will all it said is everything is my sisters .. My mom would have never done this , A\ll the family members agree and have exabits in what I filled...... View More
answered on May 26, 2021
First, a computer cannot contain an original will. It might contain a copy of an original will, but an original will is the actual one signed by your mother. As for your other questions, it takes a lot of evidence to overcome a will. You will need an attorney to make your case for you. These cases... View More
my grandad passed and left in his will everything to his wife which was our step grandmother. She passed a few months before him and my grandad left her son-n-law executor. He is telling me that since she is no longer here it will go to her kids instead of us grandkids that are blood. Is this... View More
answered on May 10, 2021
This is a difficult question to answer. It all depends on exactly how the will is written. Generally, the bequest to thee wife will go to the contingent beneficiaries, but not always.
Will states: he be relieved from giving any bond & making any inventory, appraisements nor returns of any kind whatsoever to any court.
Is there any way he could transfer the house to the estate & sell it without notice? The executor is not a family member and has not acted in good... View More
answered on May 2, 2021
Because the will excuses the executor from a bond or accountings, the executor still must meet his fiduciary duties. If you feel the executor is not properly performing his job, you should retain an attorney to assist you with enforcing your rights as an heir and beneficiary.
all other heirs(6) are in agreement with me being the administrator. 1 sister is illiterate and will not agree to anything. what are my options. cant afford an attorney.
answered on Apr 25, 2021
Yes, you still file the petition and ask the court to serve the petition on your sister. This is a routine problem. Your sister will have 30 days to respond once she is served with the papers.
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