You do not mention where your father was domiciled at the time of his death. Also, you do not state whether you have received letters testamentary from the probate court of the county in which he was domiciled. In any event, if your father owned property in Florida and you want to have your...Read more »
We have been living in my husband's family home for five years. His mother passed away two years ago. His father nine years. He is disabled and can not read. Recently, we have discovered that it is his name on the deeds along with his mother and not his father's. We were considering... Read more »
If real property is owned in Georgia by two people as joint tenants with survivorship, upon the death of the joint owner to die first, the property would be owned by the surviving joint owner. In such case, standard practice in Georgia would be to file an affidavit with the Clerk of the Superior...Read more »
Dad died last month. I am named executor in his will. His second wife died 7 years ago. Our mother died 30 years ago. Dad had 3 daughters and 1 son, who died from cancer 20 years ago. Dad's will is signed and notarized and we all have a copy. I have the original. His will states that... Read more »
A person named as executor in a will does not actually become the executor until a petition to probate the will is filed and the probate court issues letters testamentary to the person named as executor. Until letters testamentary have been issued, the person named as executor would not have any...Read more »
The testator (i.e., person who makes a will) states who she wishes to be appointed executor of the will. However, it is the Probate Court which actually appoints the executor. If your mother owned real estate, you will need to file a petition to probate the will and be appointed executor. After...Read more »
My motther left no will and verbally told me I was beneficiary to life insurance. She has passed and come to find out the life insurance beneficiary is "to the estate of." Now we are going through probate. Im and the only child and heir. Her husband/my father passed before her. I have... Read more »
One thing the personal representative must do is file a notice to creditors. "The [personal representative] must publish a notice to creditors within 60 days of the date the [personal representative takes office. This notice to creditors must run for four consecutive weeks in the official...Read more »
Under Georgia law, if a person dies without a will, his "heirs" inherit his property (to the extent that such property is part of his probate estate). (Please note that the heirs only will receive property after the decedent's debts have been paid or arrangements for such payment...Read more »
My father is my grandfathers only son. He is incarcerated . My grandfather has died so my dad signed power of attorney paperwork making me his power of attorney. Can I use this to access my grandfathers estate
A general financial power of attorney would terminate on the death of the principal (i.e., your grandfather) and the agent (i.e., you) no longer would be able to use it. Therefore, the answer to your question is no. You should consult with a probate attorney to determine the best course of action...Read more »
The answer is "not necessarily." In some circumstances, it would not be necessary to file a probate proceeding in both states. It depends on several facts which are not included in your questions. I recommend that you retain the services of a probate attorney to assist you in this matter.
Husband recently passed, our home was solely in his name & my name was never added to the property deed. Mortgage company has advised that I can assume mortgage/home once I submit a transfer deed in my name. Since husband is deceased this simple process is now confusing. I would like to get... Read more »
My condolences to you on the passing of your husband. In your individual capacity, you cannot execute a deed to transfer the property to yourself. You do not mention whether your husband had a will. If he had a will, the property would pass pursuant to the provisions of the will. If he did not...Read more »
The car I chose is paid in full. Siblings are telling me that in order for me to have the car I must pay the value of the car to my two siblings from the inheritance money I will receive. Example - Car is valued at $16,000 and they advised that our attorney said I must take $16,000 from my final... Read more »
For an attorney to be able to advise you properly, he or she would have to review the provisions of your father's Will and might need additional information. You should consult with a probate attorney.
It depends on whether or not your sister has been appointed as executor. The appointment of an executor by the probate court does not occur automatically, but must be initiated by the filing of an appropriate petition by the person named in the will as executor. Georgia law provides certain...Read more »
In Georgia, real property held by multiple persons as joint tenants with survivorship passes to the surviving owner (or owners) on the death of a joint owner. If real property is held in the name of one person, to whom the passes depends on whether or not the decedent had a will. If the decedent...Read more »
The administrator of an estate has the authority to collect the decedent's assets. Someone must petition the probate court for appointment of an administrator for one to be appointed and for letters of administration to be issued to such person. I recommend that you consult with a probate...Read more »
We purchased in his name only bc we currently have a flood damaged home in my name only (I owned it at the time of our marriage), pending storm water litigation. We could not purchase with both names bc of my responsibility with flood home mortgage, income to debt ratio issue. We have two children... Read more »
Under Georgia law, if a person owns real estate in his own name and he dies without a will, the property would pass to his wife and his children. You should seek the advise of an estate planning attorney.
My grandmother passed in 2012 leaving two daughters (my mother and aunt) to share both real and personal property according to her will. My mother was the named executor of her estate. My mother passed away in August, 13, 2013 before administration was complete. My aunt petitioned to probate will... Read more »
You state that there was a will. However, you also mention that there was a "no administration necessary" proceeding. As stated in Georgia Probate & Administration, "[g]enerally, an application for no administration necessary is appropriate if (1) a person dies without a will;...Read more »
O.C.G.A. Section 53-4-66 provides: "Except as provided in Code Section 53-4-67, a specific testamentary gift is adeemed or destroyed, wholly or in part, when the testator for any reason does not own the subject of such gift at death." Assuming that the property was given to someone else...Read more »
The answer depends on several factors. You have used the term "administrator," which would indicate that your grandmother died without a will. You do not indicate who the heirs of your grandmother's estate are. If your father is one of the heirs, then his share of his...Read more »
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