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 »
My condolences on your loss. Under GA law, if a person dies without a will, the assets pass equally to the spouse and children with the spouse taking no less than 1/3. You can apply to be named as administrator over the estate. If your stepmother has been named as administrator, you are still...Read more »
This is not a probate question. You need to post this in the criminal law section. In short, it depends. Your probation officer may choose to file a revocation. You should post this question in the criminal law section for a more thorough response.
I filed a petition for removal of administrator of an estate. When the court date was set. The court sent notice to the wrong address. The petition specified that notice should be sent to my P. O. Box, but it was sent to the listed street address. Though all other notices(i.e. medidiation,... Read more »
I would recommend that you contact the court regarding this issue immediately. Most likely, you will have to file a Motion to set aside the Order of the Court. If you bring it to the court's attention, they may vacate the order.
The lawyer we had quit before we resolved anything. I’ve been living in my mamas trailer for 2 years next month. She told me to move in her place after she wanted to get put in the nursing home. She died 4 months after I moved in. I’m still here but my siblings was to evict me when I’ve been... Read more »
Hello. You have my deepest sympathy for the loss of your mother. This is a difficult question to answer given the information provided. I am unsure if anyone has actually filed to be named as administrator or executor based on the information provided. I will assume someone has petitioned to...Read more »
The answer it depends. If you consent to the proposed executor being named as the executor then you can sign the acknowledgment of service and have no objection to the probate of the will, then you can sign the acknowledgment. You make sure you have reviewed the will and do not see any problems...Read more »
You can file a Motion to require that she file the will if you are certain that he had a will. If a will has not been filed and you are not certain he had a will then you can file to be named as administrator over the estate.
My father recently passed in August. He had a total of 5 children including myself. He left one of my sisters as his executor. I have received a copy of his will but I do not really understand it. It seems very broad just states everything he has is to be equally divided between the 5 of us. Well I... Read more »
I would first like to express my sympathy for the loss of your father. It seems that your grief has been compounded by the turmoil in the family. When a will has language like "everything equally between my children" it is rather broad in the language but does not necessarily mean that...Read more »
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