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I live in GA and my husband's will leaves everything to me. My children are not contesting the will. All the accounts, titles and deeds are in both our names except for one land lot which is in my husband's name only. Do I have to go through probate just to get that one deed changed to... View More 
answered on Apr 21, 2021
Yes you need to go through a probate process. You must file the will with the court even though you do not need to offer it for probate. You should file a Petition for years support and ask that the lot be given to you as years support.
They are not legitimate through Superior Court are they heirs? The courts asked for a list of siblings I only gave my whole brothers and sisters but the ones born out of wedlock started calling and got on the probate Court Records as heirs how is this possible. I'm the administrator but... View More
answered on Apr 13, 2021
As Administrator, it is your job to file a Petition to Determine Heirs. Each person who thinks he is an heir will have to prove to the judge how he is an heir. This type of action is best handled with attorney assistance.
His property is probably only worth 200000 at most I didn't know if I needed to go through the court or how I needed to handle things.
answered on Mar 10, 2021
It depends completely on what kind of property your brother owns. If it is real estate, bank accounts, etc., you have to open an estate for him in order to transfer the property to the next of kin. If his property is from life insurance or other beneficiary designated accounts, you should be able... View More
answered on Feb 23, 2021
How much does a car cost? Well, it all depends on what you are looking for. It probably will cost at least $2,500 and maybe as much as $10,000 depending on what is needed.
Wills are used to distribute assets in one death
Living trusts require you to transfer assets to their name to protect and distribute them.
Power of attorneys allows people to handle your medical and financial decisions should you become incapacitated.
I’m trying to figure... View More
answered on Feb 20, 2021
You can do what you want be making the power of attorney durable and specifically giving your poa the power to transfer property to a trust.
This will work long as no one challenges any of your documents
My dad died in GA and his classic car is in probate. According to the will, my mom is the sole heir of the estate. I have not been able to find a buyer for the car (mom doesn't drive and has Alzheimer's). Mom's house sold and is going to closing shortly so the car needs to be... View More
answered on Feb 19, 2021
If your mom is the sole beneficiary and she is OK with your niece having the car, just sign the title over to her an d move on.
Daughter and husband already live in home and they would pay remaining balance of mortgage. They keep the house and we can remain there as well until we die; he is a medical nurse to assist in our senior care. We want to refinance and take a small home improvement loan out on the new mortgage. In... View More
answered on Feb 15, 2021
Unfortunately, there is a lot more that needs to be known before you start making a transition such as this. You need to bind your daughter to such an arrangement. What if they place you in an assisted living home or nursing home just weeks after you place the home in their name? What if they... View More
The administrator of the inherited land me and my sisters are beneficiaries over is coming up for closing this Friday and the administrator which is my aunt told us that we will not be getting the full amount of the gross of sale until she speaks with the CPA on a tax situation
answered on Feb 11, 2021
It seems that the Administrator is doing her job. It is her job to make sure all creditor claims are satisfied before distributing money to you. However, if you feel she is dragging her feet, you have a right to demand a settlement of accounts in probate court.
She had no asset other than about $1,800.00 in her bank account (checking). That money has just been sitting there since her death, 5+ years ago. I want to close out her account, how do I do that?
answered on Jan 28, 2021
You can demand the bank distribute the money to the heirs.
my husband died and I assumed the house went directly to me. but I'm not sure. I want my brother to get the bulk if not all of my estate. my deceased husband and I have 1 living daughter left but her and her husband have been contacting other parties behind my back about purchasing my home,... View More
answered on Jan 26, 2021
The only way for you to control the disposition of your property at your death is to create a will identifying who you want to get your property. Of course, during life you can give your property away so that you do not own it at your death. You should speak with an estate planning attorney to... View More
Removed all contents and closes safety deposit box account out. Which included an original copy of a amended will and vehicle title. The following day, the suspended executor transferred vehicle title from the descendants name into his, providing the DMV with the same invalid court docs.
answered on Jan 18, 2021
Since you didn't ask a question, I'm not sure what you need. The facts sound horrible and the executor can easily have a judgment entered against him. I don't understand why there is a codicil to a will still floating around when the court had already issued Letters Textamentary to... View More
answered on Dec 6, 2020
My firm handles only probate issues including real estate issues arising from the death of someone. Give us a call on Monday. 770-469-8887.
In question is mom house!
Also she had no kids
answered on Oct 20, 2020
Your aunt's will determines who inherits. If she never had any children and she was not married when she died, her parents will inherit. If her parents are dead, her siblings inherit. If the deceased siblings has children, those children will inherit their parent's share.
Can wife sell house to pay off mortgage and transfer cars without probate?
answered on Oct 19, 2020
Sort of. Spouse needs to file a petition for year's support. This will allow the transfer without opening an estate. Otherwise, you have to open an estate.
Our sister is not completely honest and not easy to give information. We feel she may have helped herself to $ while our mother was in hospital. Can we request this thru probate?
answered on Oct 15, 2020
Yes if there is a dispute otherwise. You might need to file a Petition for Settlement of Accounts. If you file that, you can get the documents you want.
My mom died with out a will. For the last five years, I have been living with her and assisting with her care. She had told me it was her wish for me to be her executor of her estates when she passes. I do have two other sibling so I was not quite sure which forms and procures I need to go through... View More
answered on Oct 8, 2020
You need to file a Petition to Appoint Permanent Administrator. You can get it from the court in Paulding County.
Executor is also a major beneficiary. Also beneficiaries are my 2 sisters, step sister and me. Business manager owns a competing business and we feel there is a conflict of interest in his being executor. The business manager was left Dad's house plus ownership of the business, which he must... View More
answered on Oct 8, 2020
You should have already hired a probate lawyer with experience not only in probate law, but also business law, to get this moving. The business could easily be run into the ground depriving you and your family of an inheritance. You need to file the will for probate and get the court involved... View More
Without "enlightened conscience of jury", how to allocate fairly to both estate and WD claims in order to satisfy equitably the heirs. Isn't there some sort of protocol or "golden rule"? Being a heir, I cannot decide things like pain and suffering prior to death and the... View More
answered on Oct 5, 2020
You, unfortunately, are in a conflicted situation if there is a will and it directs the estate to be divided differently than the intestate laws provide. As an heir, you do not have any decisions to make. Only the personal representative of the estate can allocate money to the estate, or at least... View More
He was a resident of Georgia. His wife, our grandmother, preceded him in death.
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