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Questions Answered by Seth Meyerson
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 Probate for Georgia on
Q: What is the chances that a GA probate judge will give a 4th continuance in a will dispute? Last attorney quit 2 days ago

The wife is the sole beneficiary. The biological daughters have gone through 2 attorneys with both attorneys telling them they have no case We are due in court again in 10 days The daughters have no attorney yet. When does this get to being a frivolous lawsuit. We are going on 9 months now

Seth Meyerson
Seth Meyerson
answered on Mar 6, 2023

If continuances were granted, then it would be difficult to argue that there is a problem. Motions for continuance can be objected to. Talk to your attorney.

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 and Probate for Georgia on
Q: is it possible to get married without a ceremony in the state of Georgia?

is there a way to get legally married without having to go before a minister or judge and just sign the paperwork? my anxiety is too high to face people

Seth Meyerson
Seth Meyerson
answered on Mar 2, 2023

I bet if you let the clerks know your issue beforehand, at worst you and your prospective spouse could meet with the judge privately in his chambers. You might need to bring a witness.

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 and Real Estate Law for Oregon on
Q: What statute of limitations apply to tenants by the entirety deeds that are challenged by grantor's heirs due to fraud
Seth Meyerson
Seth Meyerson
answered on Jan 25, 2023

Generally, seven years for fraud. See an attorney, there may be facts that allow more time based on the later discovery of fraud.

1 Answer | Asked in Child Support and Estate Planning for Georgia on
Q: Unpaid child support and spousal support and revocable living trust setup by obligor to avoid payments or garnishment

I have a judgement for income withholding order for any of his employers against my Ex for child support and spousal support which is not paid since 2020.

So he setup a company with his wife as registered agent and owner of the company. His wife is his employer who receives all his salary.... View More

Seth Meyerson
Seth Meyerson
answered on Jan 20, 2023

Sounds complicated. See and likely pay an estate attorney. The money you save will be your own.

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, Probate and Wrongful Death for Georgia on
Q: What happens to my recently deceased husbands part of an inheritance left to him in his moms will when she passes away?

My husband recently passed.His mom is now about to pass away.We’ve a minor child together& I have a minor daughter he raised. Ive 2 living adult stepkids both with children & 1 deceased stepchild who left behind 3 kids ( all minors) & a widow. My husband & I were married over 10... View More

Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

Your husband has predeceased his mother. What happens to husbands' inheritance will be controlled by the specific terms of the will.

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: I was left as beneficiary on a cargo trailer my fiancé obtained before his passing last year ..is it mine??

It is tagged and titled in my name and the administrator of the estate is saying I stole it

Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

If the title of the trailer is in your name, then the trailer is not in the estate. If this happened without your action, then not theft.

1 Answer | Asked in Appeals / Appellate Law and Probate for Georgia on
Q: How long do I have to file an appeal on a probate judge's decision
Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

You have 30 days from the date of the order to file a notice of appeal on a probate Judge's decision.

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 Probate for Georgia on
Q: Probate question - Do heirs named in a will and will states they are to receive nothing stll have to be notified?

Probate question - State of Georgia, Fulton County - Heirs have been estranged from decedent for 25+ years

Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

Only if they are lawful heirs. Lawful heirs are those who would inherit if there was no will at all.

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 for Georgia on
Q: In a probate for a will 2 GAL's have different opinions on the will . what happens then
Seth Meyerson
Seth Meyerson
answered on Jan 15, 2023

The judge will decide if the parties cannot agree.

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1 Answer | Asked in Business Law for New Hampshire on
Q: Do I owe my sign on bonus back to my company if I give my notice prior to one year but am still employed by them after?

Actual wording" in the event you voluntarily terminate your employment within twelve (12) months of your start date, you agree to repay the signing bonus in full upon your last day of employment. Does that mean when I give notice? or when I leave? At the end of my two weeks would be after my 1 year.

Seth Meyerson
Seth Meyerson
answered on Nov 1, 2020

Seems a bit grey. Take back your notice. And work a couple of weeks into the new year.

2 Answers | Asked in Personal Injury and Medical Malpractice for Georgia on
Q: CRPS 2 diagnosis after ORIF ankle surgery. No risks/complications explained &neglected by Dr. Ankle still broke; ignored

Never signed consent form, never told CRPS could happen, recent xrays show bone still broken (radiologist diagnosed), Dr. ignored my complaints of nerve pain, procrastinated w/referral, denied wrong doing in surgery, no post care(no weight bearing, ROM or instruction), patronized by the practice... View More

Seth Meyerson
Seth Meyerson
answered on Oct 31, 2020

See a medical malpractice attorney.

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