A Georgia statute (O.C.G.A. Section 7-1-239) provides that if a person having a deposit of not more than $10,000 in a financial institution dies without a will, the financial institution is authorized to pay the proceeds of the deposit directly to the following persons: (1) the surviving spouse;... View More

Generally, if a check is payable to a deceased person, a person would have to be appointed as personal representative of his estate by the probate court. If the decedent had a will, the executor would have to petition the court to probate the will. If the decedent died without a will, someone... View More

Generally, under Georgia law, the estate would be liable for the obligations of the deceased party to the contract (unless the contract provided otherwise). I do not know whether Alabama law is the same on this issue, although I suspect that it is. I recommend that the person who would be the... View More

I cannot provide legal advice about your particular situation. However, here is some general information. If your business is operated using a corporation or limited liability company, unless your articles of incorporation or organization or other organizational documents prohibit it, you might... View More

Without reviewing the document you have received, it is not possible to answer your question. You describe the document as a power of attorney. However, you more likely would have received a document requesting you to consent to the appointment of an executor if your uncle had a will, or consent... View More

O.C.G.A. Sec. 7-1-239 provides in part:

"(a) Except as provided in subsection (b) of this Code section and in Article 8 of this chapter, whenever any person

dies intestate having a deposit of not more than $10,000.00 in a financial institution, such financial institution... View More

I am not providing advice about your particular situation. However, here is some general information. There are certain rules required for a person to make a valid renunciation and disclaimer of an interest he or she would inherit from an estate. Generally, if there is a valid disclaimer (i.e.,... View More

If you know what you are doing and the will was drafted properly, you should not have a problem. I believe most people are well served by retaining the services of an attorney at least at the beginning of the process to assist with the preparation and filing of the petition, and to advise the... View More

If Letters Testamentary were issued to her caregiver, then he, as executor, has certain duties and obligations. The duties include paying the debts of the estate and expenses of administration, and making distributions to the beneficiaries after such debts and expenses. If an executor fails to... View More

If a person wants to use an LLC to conduct business, he or she must make sure that the entity is in good standing with the Secretary of State. An LLC is required to file an annual registration to be in good standing, and if it does not do so, the Secretary of State eventually will involuntarily... View More

In Georgia, if a power of attorney was signed by the principal and witnessed by only a notary public and not a second witness, it would not be valid for a real estate transaction.

First, I am not providing legal advice about your particular matter. You should retain a probate attorney to answer questions about your particular situation. To answer your questions, an attorney would need to review the deed. However, I shall provide some general information. There is more... View More

The answer depends on whether the property was owned by the co-owners as joint tenants with right of survivorship or as tenants in common. Whether it was owned by the co-owners as joint tenants with right of survivorship or as tenants in common depends on the language in the deed. I recommend... View More

You indicate that you aunt (i.e., the older sister) added the names of her and her husband to the property. If by this, you mean that your aunt who owned the property executed a deed creating a joint tenancy with survivorship with her, her older sister, and the older sister's husband, then on... View More

Generally, a deceased person's will would be filed in the county in which the decedent was domiciled at the time of her death. There is a special rule if a person was in a nursing home or similar facility at the time of death. While a person may file a petition to probate without the... View More

There are technical requirements with which you must comply to file restated articles. If you wish to do this without retaining the services of an attorney, you will need to research and follow the applicable statute. I recommend that you retain the services of an attorney to help you with this... View More

This depends on the terms of the lease and an attorney cannot properly advise you without reviewing the lease. I recommend that you retain the services of an attorney to review your lease and answer your question.

Whether the landlord can increase these charges depends on the specific terms of the lease. You would need to review the lease in its entirety to see if it has a provision related to increasing these charges. If there is no provision in the lease which would allow the landlord to increase such... View More

You should post this question under the criminal law section if there is one. The probate section deals with estate matters, and it is unlikely that a probate attorney would know the answer to your question.

Generally, a certificate of deposit, whether in a pay on death account or not, would be considered the property of the owner of the certificate of deposit. I recommend that you consult with a Medicaid planning attorney to advise you regarding the effect of ownership of the certificate of deposit... View More