In an advance directive for health, the principal (i.e., the person who executes the document) may appoint an agent to make health care decisions. If he appoints an agent, then the advance directive is a medical power of attorney. Another type of power of attorney is a financial power of attorney... View More

Your brother may renounce his right to serve, and unless your father named a successor co-executor, you could serve as the sole executor. The renunciation must be in a writing signed by your brother and his signature must be notarized. The renunciation must be filed with the probate court.... View More

I recommend that you seek the advice of a probate attorney. If a decedent's business is part of his estate and the decedent had a will, the person named as executor in the will would need to probate the will and petition the probate court to be appointed executor. What the executor may do... View More

My recommendation is that you consult with a probate attorney, who can review all the pertinent facts. At a minimum, the attorney would need to review the deed to the probate (and perhaps obtain a title report), your father's Will, and your stepmother's Will. If your father had an... View More

More information would be needed to answer your questions, and I would urge you to seek the advice of a probate attorney. Whether your father's interest in the house passed to his girlfriend would depend on whether the property was owned by them as joint tenants with survivorship or as... View More

If the property is in Florida, you need to consult with an attorney who is familiar with Florida law. If you received Letters Testamentary in Georgia after probating your husband's Will in Georgia, there might be a way to deal with this property without having to file an ancillary probate... View More

The answer to your questions depends on what property your father owned. If there is property in his probate estate, the person named as executor in the will probably would need to file a petition to probate the will. I recommend that the person named as executor contact a probate attorney, who... View More

In Georgia, if real property is owned by two people as joint tenants with right of survivorship, on the death of the first owner, the property would belong to the surviving owner. If the property is owned by two people as tenants in common, on the death of the first owner, the undivided interest... View More

Here is some general information. In Georgia, a petition for year's support is a petition by the surviving spouse to have property in the estate set aside for her benefit. If the petition is granted, the property will be set aside to the spouse and the spouse will own the property. If the... View More

The answer to your question depends on the express terms of the will and the applicable provisions of Georgia law. I recommend that you consult with a probate attorney. The attorney would need to review the provisions of your great aunt's will to answer your question.

If the brother and sister owned the property as joint tenants with survivorship, on the death of the brother, the sister would own the property under Georgia law. On the other hand, if the property were owned by the brother and sister as tenants-in-common, the brother's undivided interest in... View More

Here is a link to a brochure available from the Georgia Department of Community Health: https://dch.georgia.gov/sites/dch.georgia.gov/files/Web%20Version%202014.pdf. The brochure states: "The total gross value of the estate must be valued over $25,000 for estate recovery to apply. An... View More

I assume you mean that there is a trust, the home is a trust asset, and the child is a beneficiary of the trust. An attorney would have to review the trust and know what other assets are in the trust to determine the answer to your question. I recommend that you consult an estate planning... View More

In Georgia, if the original will is missing, there is a rebuttable presumption that the testator intended to revoke the will. In such case, you usually would be required to present evidence to rebut the presumption of revocation. You certainly may hire someone or use a service to try to locate a... View More

You do not provide sufficient information for an attorney to give you any direction. Generally, heirs would not be responsible for the debts of the decedent simply because they are heirs. However, if you wish to inherit real property (e.g., a home) owned by the decedent, generally the debts of... View More

Generally, if a life insurance policy has a designated beneficiary and the beneficiary survives the insured person, the policy proceeds would be paid to the designated beneficiary. In such event, the proceeds would not be part of the probate estate and not pass under the terms of the will. On the... View More

In some states, it is not necessary to have an ancillary probate proceeding to transfer real property when a will has been probated in another state. What is needed to transfer property in Tennessee is determined by the law of Tennessee. I suggest that you consult with a probate attorney located... View More

Property (and that term includes all types of property) which is in the probate estate would be subject to the provisions of the will and applicable law. Property in a trust would be subject to the terms of the trust and applicable law. Generally, if there is property in the probate estate, there... View More

I suggest that you consult with a real estate attorney. You should obtain insurance on the property, and this usually is obtained through the closing attorney. Unless the closing attorney represents you, you might be well served by retaining a real estate attorney to represent you. This response... View More

You state that your stepmother died intestate (i.e., without a will). You further indicate that your father survived her and was her sole heir. (This would mean that your stepmother did not have any descendants who survived her.) Assuming this to be the case, then your father would inherit her... View More