Unlike with a corporation, publication of notice of the filing of the articles of organization for a limited liability company is not required in Georgia. This response is intended to provide general information only, and not legal advice. It does not establish an attorney client relationship.... View More

O.C.G.A. Section 51-4-2 (a) provides: "The surviving spouse or, if there is no surviving spouse, a child or children, either minor or sui juris, may recover for the homicide of the spouse or parent the full value of the life of the decedent, as shown by the evidence." O.C.G.A. Section... View More

If life insurance proceeds are payable to the estate and become property of the estate, what happens to those proceeds depends on several factors. Property of an estate generally must be used to pay expenses of administration and debts of the decedent. After obligations of the estate are... View More

A non-profit corporation is not necessarily tax exempt. To become tax exempt, a non-profit corporation must file the required application with the IRS. For a tax exempt corporation to maintain the exempt status once it has been obtained, it must operate in accordance with the applicable laws... View More

Generally, if there is real property (i.e., land) owned by a decedent at the time of her death, and she had a will, the person designated as executor in the will must file a petition to probate the will and request that he be appointed executor by the probate court. The person named as executor in... View More

With the kind of money you mentioned, I strongly recommend that you retain and consult with a tax attorney or CPA familiar with these issues. How the sale is structured might make a difference in the tax consequences.

I recommend that you immediately retain the services of a probate attorney to obtain legal advice about this matter. A probate attorney can advise you of your rights after reviewing the pertinent documents and facts related to your particular situation. In Georgia, a surviving spouse may be... View More

If he had a pension which passed to his estate (as opposed to a designated beneficiary or beneficiaries), it might be necessary to have an administrator appointed for his estate. The administrator's job is to collect the assets of the estate, pay the decedent's debts and expenses of... View More

The Georgia statutory provision does not provide for a "2.5% commission on the fair market value of the home." I recommend that you contact a Georgia probate attorney to assist you in properly calculating the executor's compensation. You should be able to pay the attorney's... View More

The executor has certain obligations he must fulfill before distributing assets from the estate. It is not possible without additional information to know whether the executor should transfer the vehicle at this time. I recommend that you consult with a probate attorney.

I recommend that you consult with a probate attorney. She or he will need additional information to answer your question. The answer will depend on a number of factors.

Assuming I understand you correctly, you are the administrator for each of the estates, and have opened an estate bank account for each estate. I assume that each of your parents owned an undivided interest in the property as a tenant in common. I would think that if you endorsed the check as... View More

The answer depends on whether the house was owned by them as joint tenants with survivorship or as tenants in common. If owned by them as joint tenants with survivorship, her interest would have passed to the co-owner. If it was owned by them as tenants in common, her interest would pass to her... View More

In Georgia, the heirs, who would be the spouse and children (and descendants of any deceased children) are entitled to notice if someone files a petition for letters of administration. This response is entitled to provide general information only, and not legal advice about this particular... View More

Georgia law provides that a person holding the will of a deceased person must file the will with the probate court in the county in which the decedent resided. If there is property in the estate to be administered (e.g., real estate), the person named as executor will have to file a petition to... View More

I am sorry to hear of your loss. If a person dies without a will, the person is said to die "intestate." The estate of a person who dies intestate is administered by an administrator. An administrator is appointed by the appropriate probate court after the filing of a petition for... View More

You ask an interesting question, and I believe that Mr. Hughes is correct that the loan agreement is pertinent. Also, the account agreement may be pertinent. Assuming that the credit union is the lender and the entity with which she had accounts, it is possible that your mother and the credit... View More

O.C.G.A. Sec. 53-5-5 provides: "A person having possession of a will shall file it with reasonable promptness with the probate court of the county having jurisdiction. The probate court may attach for contempt and may fine and imprison a person withholding a will until the will is... View More

If there is property in the estate to be administered, and there is a valid will, the person named in the will as executor should file a petition to probate the will and request the probate court to appoint such person as executor. The executor then must administer the estate in accordance with... View More

What needs to be done depends on how the house and car were titled. If these assets were titled only in your father's name, then you would be dealing with his estate. If either asset also was in the name of your mother, then the nature of the ownership would have to be examined. For... View More