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... Read more »
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... Read more »
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... Read more »
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... Read more »
How do I or do I legally have to have executor of estate being his spouse and having his grown children verify
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... Read more »
This is in Georgia. I think she had a live in boyfriend
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... Read more »
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.
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... Read more »
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.... Read more »
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
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... Read more »
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
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... Read more »
Ward of order has moved from one county to another in Georgia
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... Read more »
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... Read more »
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... Read more »
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... Read more »
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.
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... Read more »
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.
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
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.
My Uncle was the executor until I turned 18! I am now 50! How do I gain possession?
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... Read more »
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?
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.
If all assets were joint with spouse, is there a benefit to filing for Year Support?
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.
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... Read more »
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... Read more »
answered on May 23, 2023
This is a complex issue. Get a Georgia Guardianship/conservatorship attorney. The money you save will be your own.
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?
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