In order to determine what rights your husband has, it would be necessary to review the full terms of the trust. If the trust is governed by the laws of the State of Georgia, it is possible to terminate, amend, or otherwise modify the trust with the consent of all of the beneficiaries. Schedule a... View More

You can review the court docket for the probate case to see what has taken place. You can also review the real estate records to see if the property has sold. If you are not satisfied with the way the estate is being handled and believe waste is taking place, you may petition the court to... View More

If you were not legally married in Georgia or another state, then your rights will be limited to what is in writing. If the life insurance policy lists you as the beneficiary, you will be entitled to the insurance proceeds. Unfortunately, if there is no will, your rights will be limited. Schedule a... View More

Generally, you cannot be removed from title to real estate without willfully signing away your interest. By searching the deed records for your name and your mother's name in the county in which the properties are located, it would be fairly easy to locate the deeds and determine exactly what... View More

The appointment of you as beneficiary can be challenged on standard contractual grounds such as duress, fraud, undue influence, among others.

Many payable on death beneficiary arrangements such as life insurance are not taxable. This is not tax advice. You need to seek the assistance of a... View More

You definitely have a lawsuit. If the property manager and property owner provide security systems and fail to maintain them, they are liable for damages caused to tenants who relied on those systems being in place. Schedule a free consultation immediately to make sure evidence is preserved and... View More

If probate has not been filed and a personal representative has not been appointed, the property cannot be sold until that happens. However, if you are living in the property, the other beneficiary can ask a court to offset your inheritance by the reasonable cost of rent for you living there, which... View More

You have two options: 1) file a formal administration, or 2) file a petition for no administration necessary. Since he did not have a will, formal administration would be necessary if the creditors do not agree to the no administration necessary. Some or all of the assets may not be subject to... View More

There are a lot of options. If you haven't previously requested a loan modification, partial claim, or another type of loss mitigation. The loan holder will likely work with the homeowner to postpone the sale to allow the loss mitigation application to be processed. Other options include... View More

This is going to get complicated quickly. You can file for summary administration as an heir of your grandfather. Each of the 5 remaining siblings will need to consent to the administration or be served with the court paperwork. If any of the siblings have died, their heirs will need to consent or... View More

When you are rear-ended in a car, liability almost always lies with the car that struck you from the rear. Absent an exception to the general rule or negligence on your part, liability has been presumptively established against the other driver. Any accident that causes a concussion is serious.... View More

Even if you have a preexisting condition, any aggravation to that condition or additional damage is the responsibility of the at-fault party. Schedule a free consultation so your medical records can be fully assessed. Don't wait too long though because the statute of limitations is 2 years for... View More

Losing your house to foreclosure is only one option of many. You could also: 1) Negotiate a modification, 2) Refinance, 3) Sell the property and cash in equity, 4) Answer the foreclosure to set up a defense that buys you enough time to find alternate living arrangements, 5) Bankruptcy to clear up... View More

Your husband's will needs to be probated. After it has been probated, the executor should provide the royalty administrator with a copy of the will, the death certificate, the letters testamentary, and a request to transfer the royalties to you. Once that has been done, the royalty... View More

If your agreement is the Georgia Association of Realtors Exclusive Seller Brokerage Engagement Agreement, you can unilaterally terminate the listing and rent to someone else without owing commission if Section 4D is not filled out. Be careful about relisting and selling the property during the... View More

If you die before your mother and you have no lineal descendants born or adopted, your share would go to your two sisters or their lineal descendants should they have any. Instead of being split three ways, your mother's estate would be split two ways between your two sisters or their lineal... View More

You can send a request to amend the death certificate to the Department of Public Health. If a funeral home was involved with the arrangements following the death of your father, they may be able to assist with the correction. If you need additional help with probate, schedule a free consultation... View More

Restitution includes any expenses that result directly from the crime. Medical bills are definitely recoverable. If automobile insurance does not cover the losses, you should discuss other possible avenues to recoup the damages from the loss of a loved one. Schedule a free consultation to make sure... View More

There are a lot of things to take into consideration. First is the authority to sell. If she is the only person on title, she will need to assign you power of attorney to sell on her behalf. She could also transfer the property to you through a deed. Second, there may be additional taxes if either... View More

Unfortunately, you have to wait for the sheriff's office to complete an eviction. If you try to remove the tenants yourself, you will be liable to them for any damages incurred. Contact your county commissioners and state representatives to have them set legal deadlines for the sheriff's... View More