At this point, it might not be necessary to have a probate proceeding for either estate. It might be possible to address the title issues by use of an "affidavit of descent." However, with 10 deceased children, preparation of such an affidavit could be quite complicated. You should... View More

The law of the state where real property (i.e., land) is located applies to the transfer of a decedent's interest in such property. If the land is located in Florida, then the requirements of Florida law must be satisfied. It is my understanding that generally an ancillary probate proceeding... View More

I suggest you retain the services of an probate attorney to assist you in connection with the probate of the will.

A presumption of revocation arises when the original will cannot be found. However, it sometimes is possible to probate a copy of a will. It depends on the facts of the particular situation. You should consult with a probate attorney regarding this matter.

You should consult with an attorney regarding the specific facts of your situation. What you mean by a "liquidation fee" is not clear. Generally, it is possible for parties to a contract to modify or terminate the contract if they agree. An attorney would need to review the terms of... View More

If your mother died without a will, property in her probate estate would pass to her heirs. Her heirs would be her husband and her children who survived her (with the descendants of a child who predeceased her to receive the share of the deceased child). The surviving spouse is entitled to a... View More

You should seek the advice of a probate attorney. The answer to your question might depend on whether you and your husband owned the house as joint tenants with survivorship or as tenants and common. If you are an obligor on the indebtedness secured by the house, you would be liable pursuant to... View More

The children of any common parent are treated as brothers and sisters to each other. Therefore, a half-blood sister would be considered equally with a whole-blood sister. In Georgia, when a person dies without a will, her heirs are as follows: (1) the spouse of the decedent and the... View More

The person named in the Will as executor must file a petition to probate the will in the Probate Court in the county in which the decedent died. Until the Probate Court has admitted the Will to probate and granted Letters Testamentary to the executor, the person named as executor in the Will would... View More

Your note does not provide enough information to furnish you with an answer regarding your particular situation. You should seek the advice of a probate attorney. In general, if real property is owned by more than one person as joint tenants with survivorship (as opposed to as tenants in common),... View More

The first question is whether your father had a will. If he had a will, one would have to examine the will to determine what it provides. If he did not have a will, he would be said to die "intestate" and the property is his probate estate would pass to his heirs. In Georgia, if a... View More

I recommend that a person retain the services of an attorney to organize a limited liability company. While a person is not required to use an attorney, a business attorney can provide valuable advice regarding the legal requirements for formation and operation of the entity. After being properly... View More

Under Georgia law, the property to be distributed from the estate of a person who dies without a will passes to his or her heirs. The persons who constitute the "heirs" are specified under Georgia law. Being a "girlfriend" does not make the girlfriend an "heir" under... View More

In Georgia, if property is owned by more than one owner as joint tenants with right of survivorship, upon the death of an owner, the property would be owned by the other owners. On the other hand, if property is owned by more than one owner as tenants in common, the interest of a deceased owner... View More

A valid new will generally revokes a previous will. Therefore, the most recent will which has been properly executed is the one which should be probated. If you have an interest under one of the wills, you should seek advice from a probate attorney.

If a person has a life estate in property, the person's interest in the property ceases on his death. If the decedent's interest ended on his death, there probably would not be a need to probate the decedent's will in connection with such property. However, there might be other... View More

"If a beneficiary is dead when the will is executed or otherwise dies before the testator, but has any descendants living at the death of the testator, the testamentary gift, if absolute and without remainder or limitation, shall not lapse but shall vest in the descendants of the beneficiary... View More

An heir (i.e., a person who is an heir of the decedent under Georgia) may file a petition for letters of administration. All other heirs must be served with notice of the petition if they do not consent to it. If an heir objects to the petition, then the probate court would choose the... View More

Changing the name of a corporation does not convert the corporation into a different one. It simply would be the same corporation with a different. You would not necessarily need to dissolve the old corporation. You could form a new corporation if you do not want to use the existing one. This... View More

Once a person dies, the decedent's power of attorney no longer would be effective. Unless its terms provide otherwise, a contract to sell property would be binding on the decedent's estate. Generally, the personal representative of the decedent's estate would be required to satisfy... View More