She has to prepare a Will leaving everything to you. It is that simple. Without a Will, your brother's children share in the estate.

You stated that your mother was named executor of your father’s estate. That means your father had a will, and your mother is bound to deliver the property as your father requested in his will. If your father did not have a will, then your mother would be an administrator. She would have to... View More

It is possible, but other facts are needed to fully explore whether somebody failed to follow proper safety rules resulting in this person's drowning. You should see an attorney knowledgeable in pool safety regulations to discuss your matter in greater detail.

If your grandmother was not married when she died, her two children will split her estate. Your uncle's four children will divide his half of the estate among themselves. Your mother will receive her half of the estate. This assumes your grandmother did not have a will.

I am not certain what you mean by hiring a lawyer to help you determine the fee to the probate court. You should be able to call the court, tell it what you are filing and it will give you the fee for the filing.

I cannot answer the question without an answer to the following:

1. When you say left money for grand kids and Dad used it to buy a house, it is critical what the Will said that left the grand kids the money. If it simply leaves money to Dad for the benefit of children, that is one thing.... View More

You should file a petition for year's support and ask the sons to consent to it. It will transfer to you the half you do not own and cut your property taxes in half for one year.

This question is not as easy to answer you you may hope.

First, it is the general rule that assets must be sold to pay debts. So, on first blush, if his debts are greater than the value of his equity in the house and the other assets he has, it probably makes no sense to open an estate.... View More

You are in a difficult spot. If your brother has assets that need to be retitled in his child's name, the best answer might be to apply for a year's support for the child. If your brother did not own any assets that need to be transferred through probate court, not opening the estate... View More

You can represent yourself or if you want to be represented by an attorney, you must select one who is licensed in Georgia.

This question requires more information. It could be that the mortgage must be paid from the remaining assets upon transfer. It also depends on how title is held currently held to the property. The estate remains liable on the mortgage if you simply transfer the oropteru without resolving the... View More

You have no authority to act in place of your husband unless the court issues Letters to you. The court can't do that if you do not file the will for probate. You might consider filing a petition for year's support to have the house placed in your name. once it is in your name, you can sell it.

I'm not certain about your question. Since you are the executor of your husband's estate, I assume Letters Testamentary were issued to you. You are required to do whatever the will says do. If you are supposed to sell the home, then you simply sell the home. You do not need to be on the... View More

If your husband has a will it is your obligation to file the will with the probate court. However it is not your duty to all for the will for probate. If the car is the only asset your husband has you should be able to go to the county tag office and sign an affidavit that will allow the tag office... View More

You can have the court serve him with the the proper papers and he will be given a time deadline in which to file his answer. If no Answer, then the petition will be granted.

You have to use any assets that are in his name to pay his debts. If he runs up his credit card debt, owns nothing when he dies, then he is telling you the truth. So, be very careful to make sure he truly owns nothing when he dies and you do not have to repay the credit card debt.

Closing an estate involves filing a Petition for Discharge. To file this, you must have paid all creditors, accounted for all administrative expenses and have distributed all property in accordance with the law or with the Will.

All OWNERS must consent to sell the property. If ALL OWNERS will not consent, you can file a petition to partition the land and then you can sell your interests in the property.

There are far easier ways to accomplish your goal than what you laid out. That said, you cannot sell any assets until they are in your name or you are in charge of the estate.

Your question leaves me wondering if there is a trust or a will? To file a claim for a full accounting in probate court, the will must have been filed, admitted to probate and no less than 6 months have passed since the executor was appointed. If you are looking for an accounting for a trust... View More