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I got legal custody of my nephew when he was two and a half, he was in foster care since he was about six weeks old. He died in a car accident in July, he was 21 and had no will. I have requested to become administrator of his estate, my brother signed the form, my nephew's mother refuses... View More 
answered on Oct 4, 2020
No, and you will not receive any if the wrongful death proceeds either unless the child was legally yours. The natural mother and father are his heirs.
My grandfather passed away in 2007, and leaves real estate to all his children and to the offsprings of a deceased daughter who was already dead at time will was written.
This will is now in probate and three children of my grandfather are now dead. Because the will originally bequeathed... View More
answered on Sep 25, 2020
I don't like not giving advice when someone writes in and ask for it, but your questions are too complex to give a general answer to. A lawyer experienced in probate law needs to examine all the wills and the dates of death of all concerned to give you a firm answer as to who is entitled to... View More
answered on Sep 12, 2020
Only if your mother did not own property in Florida xan you open an estate in Georgia.
My father made a will 1 year before he died. The will is going to one of his friends. He mentioned mY brother on the will as a listed child; however, he didn’t mention me at all! Does it worth it to object on this will?
answered on Sep 6, 2020
You will need to ask an attorney from the state where your father was living when he died. In Georgia, the only way for an omitted child to get back in a will is if the child can prove the parent thought the child was dead.
He never changed me as the beneficiary am I legally able to collect?
answered on Sep 4, 2020
The answer depends on the exact wording of your settlement agreement and divorce decree. You should retain an attorney specializing in provate matters to assist you with this matter.
and my brother. However, my brother also died intestate and had no kids, and died months before my father. Would the amount of money left to my brother be given to me, or my mother since she is still living? My mother has been divorced from my father since 2002. We live in Georgia.
answered on Sep 1, 2020
If you are listed as beneficiary, then you are entitled to your share of the accounts on which you are a beneficiary. Whether the listing of your brother as a beneficiary and he died before your means his heirs get the money or you get the money depends on the wording of the beneficiary statement.... View More
A husband and wife own retail property in Cobb Co and reside in Paulding. The husband dies and leaves his half ownership to his son. The will was probated in Paulding for the home. Searching property records, the deceased husband is still listed as owner on the Cobb commercial building. Does this... View More
answered on Aug 29, 2020
You probate a will only in the county where the deceased lived. Once you probate the will, the executor then transfers the real estate wherever it is in Georgia to the designated beneficiaries. Until that is done, the executor still has work to do.
Is the new tractor part of the will even though it was bought after the Will was made? The older tractor was sold many years ago. The will just says tractor and has no identification number or make and model.
answered on Aug 29, 2020
If the will says, " X gets my tractor. ", then X gets tractors owned by grandfather at his death. It doesn't matter when the tractor(s) were acquired.
I have lived with her at her house since the 70's. I have paid the taxes every year and taken care of the property. She passed away in 2001. Since there is no will and the other siblings will not agree. Can I do an adverse take over or color of code. Is there anything I can do since I pay the... View More
answered on Aug 25, 2020
Probably not. You are going to have to open her estate and then have a battle with your siblings about who gets the house, who gets reimbursed for paying bills related to the house, who owes rent for living in the house, etc. This will be very complex litigation and could be quite costly. Be... View More
What kind of documentation do I need legal aid signing off on the estate
answered on Aug 25, 2020
You do not have to sign off on anything. You simply do not accept whatever someone is trying to give you.
answered on Aug 17, 2020
(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... View 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
answered on Aug 6, 2020
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... View More
answered on Jul 24, 2020
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
answered on Jul 18, 2020
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?
answered on Jul 14, 2020
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.
answered on Jul 13, 2020
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.
answered on Jul 11, 2020
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.
answered on Jul 2, 2020
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.
answered on Jun 24, 2020
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... View More
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