We were married for 42 years. He has two children by 2 other wife’s, both short marriages. But the oldest was opposing me being named administrator no will so in probate. She has since also passed. What happens now? My brother in law is also saying land he gave us to build on is his since we... Read more »
First let me extend my condolences regarding your loss. You packed a lot into this question and more than be answered in this response. On a high level, in Georgia, if your spouse did not have a will, the estate passes to you and the children (even adult children) with you taking no less than 1/3....Read more »
The answer is it depends but most likely not. If the deed has language that includes "joint right of survivorship" then the property passes to you by operation of law. Unfortunately, most deeds do not include this language. If the deed does not have this language then you will need to...Read more »
Does it state in the Ga law in regards to the new covid laws that someone who is still incarcerated almost 6 months now should be let out into the community pending there finally revocation hearing.. And we have been told that ga laws are on suspension but does the law not state the longest... Read more »
This question should be posted in the criminal law section. Probate deals with estates of the deceased, guardianship, etc. On another note, if it is a probation revocation hearing, it is because there is an allegation that the terms of the probation have been violated and a hearing is set to...Read more »
A revocable trust can be a very valuable tool depending on what you are seeking to accomplish. Unlike just doing a will, a revocable trust allows you privacy at the probate process, can allow for easier transfer of assets and helps when you have assets in different states.
Yes. I am not clear on "medical consultant" but a power of attorney can include provisions to allow the agent to access medical records. It is also recommended that an advance directive for healthcare be completed as this will appoint an agent for healthcare decisions.
I am sorry for your loss. There is not quite enough detail to answer this question. You mentioned that the executor of your grandfather's estate; therefore, I assume there was a Will. If the Will gives her discretion in selling the property, then she may sale the property so long as she...Read more »
I would first like to extend my condolences for your loss. You stated that it was a letter. In Georgia, one of the basic requirements for it to be a valid will is that it must be signed by two (2) witnesses who are not listed. If it is not then it is not "valid".
The answer to this question is it depends. If everyone is alive then you do not necessarily need an attorney and you may be able to simply convey the property with a quitclaim deed. If there is a mortgage on the property, you may want to check the security deed to see if there are penalties...Read more »
Attorney Hughes is absolutely correct. Although there is no "small estate affidavit" in Georgia, pursuant to the Georgia code, GA Code § 7-1-239 (2018), i"whenever any person dies intestate having a deposit of not more than $10,000.00 in a financial institution, such financial...Read more »
I understand the court typically assigns the remaining parent as the custodian/manager of the children's life insurance policy. What if you would like to contest this b/c we are extremely concerned that the parent will spend the money left for the children's college and/or future needs... Read more »
Attorney Coleman is absolutely correct; however, there are instances where the divorce decree did not make provisions for a life insurance policy, what then? Many insurance companies require that the parent/guardian be named as the conservator over the child for purposes of the life insurance...Read more »
I'm an executor for a Will in DeKalb County Georgia, for my late sister. She left her late-model car to a nephew in her will, but verbally gave him to him before her death; her title and registration were already signed but he then signed it over to a friend in another state. The title was... Read more »
As the other two attorneys have pointed out, yes, a person can choose to leave their assets to one person over another; however, the only way to ensure this happens is to make sure they have the proper estate planning documents in place. If they do not have a will or a trust leaving the property to...Read more »
As the other two attorneys have pointed out, yes, you can choose to leave your assets to one person over another; however, the only way to ensure this happens is to make sure you have the proper estate planning documents in place. If you do not have a will or a trust leaving the property to whom...Read more »
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