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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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2 Answers | Asked in Family Law, Estate Planning and Probate for Georgia on
Q: When my father died my mother said that the most recent will was lose and could not be located.will was drawn up in 2004

So she probated a will from 1984 .which gave her everything .we the children didn't get any inheritance from my father's estate .now my mother has made my sister remainderman of a trust .basically making it where I get noughing from my father's estate .my sister already had land... View More

Seth Meyerson
Seth Meyerson
answered on Jun 27, 2023

I would go see a Georgia estate attorney. The case need not be worth millions to contest or investigate.

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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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2 Answers | Asked in Probate for California on
Q: I need to secure a loan in order to pay $23,000 in back property taxes before impending tax sale on 7/1/23

There is no mortgage, my name is not on the deed, but I am the surviving spouse. There is no will. I was told that I need to get my name added to the deed, get a letter of administration or testamentary to conduct any business for the property even though I am the surviving spouse. Is this accurate... View More

Seth Meyerson
Seth Meyerson
answered on Jun 12, 2023

You are wasting time. See an attorney and expedite the process. See a CA attorney asap.

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2 Answers | Asked in Probate for Ohio on
Q: I am an only child do i have any rights after moms death if there was a surviving spouse that is not my father

The surviving spouse has dementia and I don't believe there was a will

Seth Meyerson
Seth Meyerson
answered on Jun 12, 2023

If mom is unmarried and you are her only child then you are the only heir under intestate law (no will)

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1 Answer | Asked in Estate Planning, Family Law and Elder Law for Georgia on
Q: As conservator for my father upon his passing, how many years back can I collect commission on his passing?

My father had dementia, we went to court for emergency guardianship and conservatorship. At the start I was conservator and another family member was guardian. Six months later I was also appointed guardian. They were many legal issues due to him having a spouse who was contesting everything. Lots... View More

Seth Meyerson
Seth Meyerson
answered on May 23, 2023

This is a complex issue. Get a Georgia Guardianship/conservatorship attorney. The money you save will be your own.

1 Answer | Asked in Estate Planning and Real Estate Law for Georgia on
Q: Trying to get power attorney
Seth Meyerson
Seth Meyerson
answered on May 6, 2023

An elder attorney can help you. The first question I would ask is what are you trying to accomplish with a power of attorney?

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

3 Answers | Asked in Estate Planning and Probate for Georgia on
Q: Will an attorney defer payment while they petition for the removal of an executor and be paid from the estate afterwards
Seth Meyerson
Seth Meyerson
answered on Apr 3, 2023

There are no guarantees that a petition for removal of an executor will be successful. An attorney could agree receive compensation after a successful petition (or many other arrangements other than fees due when services are provided) but in my opinion most will not.

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1 Answer | Asked in Estate Planning for Georgia on
Q: Do I have any rights? And if so what are my rights?

Both of my parents passed away last year. They had no will. My youngest brother is the administrator over there estate. And there is also a probate lawyer over my parents estate. I have been treated ugly through this whole process so far. I have not be able to go to my parents when I have wanted to... View More

Seth Meyerson
Seth Meyerson
answered on Mar 31, 2023

If it has been more than 6 months since your brother took charge, you can ask for an accountant for the estate. If one is not provided or is insufficient, you can petition the probate court to remove your brother for breach of fiduciary duty. See a probate attorney for assistance.

2 Answers | Asked in Estate Planning for Georgia on
Q: What can I do?

Both of my parents passed away last yr and they had no will. My youngest brother was appointed the administrator over there estate. I’m the oldest of 3 kids. My youngest brother will not communicate with me I have no idea about anything that is going on. There is a estate lawyer over my parents... View More

Seth Meyerson
Seth Meyerson
answered on Mar 30, 2023

I recommend that you ask for an accounting then if it is not provided move to remove your youngest brother as administrator of the estate. Seek the counsel of a good probate attorney.

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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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