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Questions Answered by Seth Meyerson
1 Answer | Asked in Family Law, Elder Law, Probate and Real Estate Law for South Carolina on
Q: Do I have any kind of legal rights to family property that I do not own if I have proof of residence for 20 plus years?

I am the person's granddaughter but what happened was the property was in my grandmother's name she had dementia back in 2018 or 19 and my uncle came and had her sign the property to him I was told all my life that I would inherit my portion of the property up until last year and then my... View More

Seth Meyerson
Seth Meyerson
answered on Jun 12, 2023

In situations like this, property ownership and rights can be complex and depend on various factors, including the specific laws of your jurisdiction and the documentation involved.

If your grandmother had dementia at the time she signed the property over to your uncle, it could potentially...
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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: How do I ask the courts to impose an emergency freeze on an estate I'm a named beneficial in?
Seth Meyerson
Seth Meyerson
answered on Apr 3, 2023

If your issue is the bank accounts of the decedent, then let the relevant banks know the decedent has died. Do this in writing as well as in person or on the phone. This should freeze these accounts. If you need to get someone accountable for managing the estate, probate the estate yourself, seek... View More

1 Answer | Asked in Family Law, Estate Planning and Probate for Georgia on
Q: Is my nephew entitled to any of his biological father’s estate if he was adopted by his stepfather?

My nephew’s biological father passed away recently. His name was never on the birth certificate. My nephew was adopted by his stepfather at about the age of three. Does my nephew have any legal rights to any of his biological father’s estate. Also, is he responsible for any financial... View More

Seth Meyerson
Seth Meyerson
answered on Mar 24, 2023

In Georgia, adoption generally terminates the legal relationship between a child and their biological parents, including any rights to an inheritance from the biological parents' estates.

This means that if your nephew was legally adopted by his stepfather, he likely would not be...
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1 Answer | Asked in Real Estate Law and Probate for Georgia on
Q: My sister had my mom to put her house in my sister husband name so I don't have a right to my mom house she died with no
Seth Meyerson
Seth Meyerson
answered on Mar 24, 2023

I'm sorry to hear about your situation. If your sister's husband's name is on the title to your mother's house, it is possible that he may have a legal right to the property.

However, it is important to note that just because your sister's husband's name is on...
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1 Answer | Asked in Family Law and Probate for Georgia on
Q: My husband list his life in a police shootout. The police department said that I must show that I'm executor of estate

How do I or do I legally have to have executor of estate being his spouse and having his grown children verify

Seth Meyerson
Seth Meyerson
answered on Mar 24, 2023

If he did not have a will, then Georgia law provides a specific order of priority for who can serve as the administrator of the estate. Typically, the surviving spouse has the first right to serve as the administrator, followed by any adult children.

To begin the process of being appointed...
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1 Answer | Asked in Probate for Georgia on
Q: My married son died. Then I found out they had been separated for 6 months. In Georgia can I contest property

This is in Georgia. I think she had a live in boyfriend

Seth Meyerson
Seth Meyerson
answered on Mar 24, 2023

I'm sorry for your loss. Regarding your question, it may be possible to contest the distribution of property depending on the specific circumstances of your son's estate and the laws of Georgia.

In Georgia, when a person dies without a will (intestate), their property is...
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2 Answers | Asked in Family Law, Probate and Estate Planning for Georgia on
Q: My son's father, my ex husband died unexpectedly 1 week ago, he was married again and she has refused to inform my son o

Of any life insurance, will, etc. she has forbidden my son any contact with her and didn't include his opinion on funeral planning. My son is 31, does he have rights to anything.

Seth Meyerson
Seth Meyerson
answered on Mar 24, 2023

I'm sorry to hear about your situation. In order to determine your son's rights in this situation, it would be best to consult with an attorney who is knowledgeable about probate law and estate planning in the state of Georgia.

Generally speaking, if your ex-husband had a valid...
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1 Answer | Asked in Landlord - Tenant for Georgia on
Q: If you're on a month to month, can you be evicted or as to leave because you requested repairs?
Seth Meyerson
Seth Meyerson
answered on Mar 20, 2023

In Georgia, a landlord can give a tenant on a month-to-month lease a 60-day notice to vacate without specifying any reason. After the 60 days have passed, if the tenant has not vacated, the landlord can file for an eviction. However, a tenant cannot be evicted in retaliation for requesting repairs.... View More

1 Answer | Asked in Personal Injury, Probate and Wrongful Death for Georgia on
Q: My daughter was killed in a car accident and I've been totally left out of the complete situation can I sue also

Her father and I don't get along and he's not including me in on her estate, she has no children and never married along with no will

Seth Meyerson
Seth Meyerson
answered on Mar 16, 2023

I'm so sorry to hear about your loss. Losing a child in a car accident can be a traumatic and devastating experience, and I understand your desire to be involved in the situation.

In terms of your legal rights, it depends on the specific circumstances of the case. If your daughter died...
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1 Answer | Asked in Probate for Georgia on
Q: Which county do I need to file subsequent petition

I'm co-Guardian and conservator for disabled brother with sister who recently died. I want to add younger family member with me now. My brother has moved to New county, same state. Do I file original county where order was issued or new residency county

Seth Meyerson
Seth Meyerson
answered on Mar 14, 2023

In Georgia, you typically file a petition in the county where the ward (your disabled brother) resides. Since your brother has moved to a new county within the state, you should file the subsequent petition in the probate court of the county where your brother currently resides.

According...
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1 Answer | Asked in Probate for Georgia on
Q: Does a conservatirship have to be domesticated from county to county in Georgia

Ward of order has moved from one county to another in Georgia

Seth Meyerson
Seth Meyerson
answered on Mar 13, 2023

If a conservatorship has already been established in one Georgia county and the ward is later moved to another county within the state, it may be necessary to domesticate the conservatorship in the new county.

Under Georgia law, the conservator of a protected person's estate may file a...
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1 Answer | Asked in Family Law and Probate for Georgia on
Q: Can a person continue to file caveats until all the heirs die out?

Should my lawyer be fighting the caveat since the family member filing has not been seen or a part of our family for 30 years? They are claiming they have proof that my moms will was done under duress which is false. Can they continue to geting the caveat delayed or postpone until all the heirs... View More

Seth Meyerson
Seth Meyerson
answered on Mar 3, 2023

Most wills are upheld against caveats. I'm sure they claim a lot of stuff in their caveat. I always do. A caveat will lead to a trial if the issue is not settled before. No reason this should take longer than a year or so and may be handed much faster. Deciding whether the issue is worth... View More

1 Answer | Asked in Family Law, Probate and Elder Law for Georgia on
Q: Georgia, who gets conservatorship of incapacitated parent with 2 living adult children?

i.e. An adult couple have 2 adult children. 1 spouse/parent dies and the other is incapacitated. Who is likely to get POA and conservatorship of parent? The eldest child was already named primary in a medical directive, and also listed on a STATUTORY FORM POWER OF ATTORNEY on mortgage papers for... View More

Seth Meyerson
Seth Meyerson
answered on Mar 2, 2023

The designation in poas creates a preference for the designated. The issue still needs to go before a judge if a guardian and or conservator is to be appointed.

Another question is why do you need the courts involvement if you already have poas. See an elder law attorney in Georgia.

2 Answers | Asked in Family Law, Estate Planning, Banking and Elder Law for Georgia on
Q: Banks legal liability by allowing spouse to write checks on my fathers checking account that had no co-owner or POD.

My mother and father had multiple joint Banking accounts. My father for some reason kept this one personal checking account as him being the only owner. He developed dementia in his last years of life and tardive dyskinesia secondary to the side effects of a neuroleptic drug (Zyprexia).

My... View More

Seth Meyerson
Seth Meyerson
answered on Feb 21, 2023

Will names your sister as "guardian." Perhaps you mean executor? I think I would be more worried about what is in your father and mother's estate and how to get your fair share of this, rather than weather or not you can sue a bank.

See or call a Georgia Estate attorney.

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Georgia on
Q: Mom no will two sons one made himself executor and house and car in his name and took all insurance money. What to do?

She died 5 years ago. They had a mediation and one brother bought out the other lawyer. Now they want to take the house the car and everything. And the one that lived with her is is disabled. They said in mediation that he agreed to everything but he did not. What can we do

Seth Meyerson
Seth Meyerson
answered on Jan 20, 2023

See an estate lawyer in Georgia for help. Presumably, a court has appointed an executor. If you have a problem with how an executor is handling an estate, the usual first step is to demand an accounting of the estate.

3 Answers | Asked in Real Estate Law and Probate for Georgia on
Q: I am the sole beneficiary of my grandfathers estate as listed in his will from 1988. How do I obtain an original copy?

My Uncle was the executor until I turned 18! I am now 50! How do I gain possession?

Seth Meyerson
Seth Meyerson
answered on Jan 19, 2023

If the will was probated, then it should be in the files of the Probate Court of the County where your grandfather lived when he died. This is a public record, and the Probate Court should provide you with a copy of this for a small charge.

If the estate was never closed, then you can...
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1 Answer | Asked in Estate Planning and Probate for Georgia on
Q: Deed transfer in revocable living trust. Should it be in the trustee's name (me) or successor trustee?

I just had a revocable living trust made with me as the trustee & grantor. Next step is the deed. The legal office isn't helping me with the deed. Told me to either do the deed transfer in my name or my successor trustee. To avoid probate in GA, which is better?

Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

Property should be deeded to the current trustee for the revocable trust. Doing this properly (assuming everything else is correct) should avoid the need for probate with respect to the property as the successor trustee will be able to take charge.

1 Answer | Asked in Probate for Georgia on
Q: What are the benefits/disadvantages of filing for Year Support after the death of a spouse?

If all assets were joint with spouse, is there a benefit to filing for Year Support?

Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

A year's support claim can include property tax avoidance for one year. If there are assets that are in decedent's name those can be claimed in a years support. If the surviving spouse already has title to all the assets, then years support will not be of use.

1 Answer | Asked in Estate Planning for Georgia on
Q: How Do I know if my younger sister is in charge of our dead parents estate with no will. Did I sign her legal rights?
Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

If there is no will and your sister wanted to be placed in charge of your deceased parent's estate, she would petition the probate court (2 petitions) in the county where your parents lived when they died and ask to be placed in charge of their estates (Administrator).

If your sister...
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2 Answers | Asked in Estate Planning and Probate for Georgia on
Q: If only one person is named in the will do any other heirs receive anything
Seth Meyerson
Seth Meyerson
answered on Jun 27, 2023

See a Georgia Estate attorney. A years support claim may be available. There may be problems with the will. Do this soon as once a petition to probate a will has been filed in Georgia, time is limited to file an objection.

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