This is a Georgia Corporate Law question. Please pose it to Georgia lawyers who practice corporate law.

You will need to have the deed reviewed and you will need to see what interest if any your siblings transferred to you. If the property is in your mom's name still, some version of probate will be required, you will likely need a Florida Probate Attorney in order to accomplish this... View More

There should be no difficulties if you are the Estate PR for probate, the attorney works for you and the estate, if the attorney is not responsive you as the named PR, then it is likely that you should and need to get rid of the estate attorney, their duty is to represent you as the PR, if they are... View More

You can ask the closing agent to include all the estate expenses to be put on the closing statement when the house is sold, and if your sibling doesn't sign the closing statement, then the closing cannot take place. That is your leverage. The closing statement is the last opportunity for you... View More

Jacqueline Alicia Salcines Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2024

Have an attorney review the deed. That way we can see who is on there as title holder and who would need to sign in order to sell the property. If another sibling does not want to sell, then it will turn into a Partition action and court forced sale but you can still use your own realtor, etc.... View More

If you've incurred expenses related to the estate and inherited property after probate has been closed, there are pathways to seek reimbursement, either through reopening the probate or directly addressing the division of assets.

If there are discovered assets or if further... View More

The PR is required to be represented by an attorney if there is more than one beneficiary to a Will. Since there are more than one beneficiary, the PR is required to have an attorney. First, why have not mentioned what conversations you've had with the PR's attorney? Second, chapter 733... View More

If you or anyone else has gone out of pocket for final expenses such as funeral expenses or attorney fees, and there is no cash in the estate, yes, when the property is listed and there is an upcoming closing, the people who paid final expenses can be reimbursed on the closing statement as a... View More

The mortgage stays with the property and the estate is responsible for it as part of probate, you to be sure should make a claim in the probate for what you are owed (statement of claim). In general, the estate will pay it, or the beneficiaries take it over and continue to pay it. Because this is a... View More

Any assets or checks not probated will need to be probated in the state of the deceased, if this is Florida, you will need to speak with a Florida Probate Attorney and you will have to indeed open probate again with the help of an attorney. You will have to provide all the details to the attorney... View More

You will have to ask your attorney for copies, or you will have to contact the clerk of the court and request and pay for copies of the documents that you need.

A copy of a will may be valid in probate court, but it can face challenges. If the original will is lost or destroyed, the person presenting the copy must prove its contents and explain why the original is unavailable. This often requires testimony or affidavits from witnesses who saw the original... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2024

I'm sorry to hear about your loss and the difficult situation you're facing. When someone passes away without a will in Florida, the process to retrieve their remaining assets, like your father's $1,800 held by the state, is known as intestate succession. Since the amount is... View More

The home needs to potentially be probated, the most recent deed needs to be reviewed, but likely a probate related to the home needs to be done. Anyone living in the home should be paying FMV rent and paying the expenses while living there, the potential taxes could be split into 1/3. Ultimately... View More

Cesar Mejia Duenas Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 2, 2024

You generally don't have to give your sister money from the utility deposit checks, especially if she wasn't part of the household. Since the first check was made out to you, it's yours. The second check, made out to you and your father, might be considered part of his estate, so it... View More

Given the situation you're describing, here are some key points to consider:

Intestate Succession: Since your mother died without a will, her estate would typically be distributed according to Florida's intestate succession laws. If there's no surviving spouse, the estate... View More

If the items in question belong to you personally, your stepfather should not withhold them from you.

You have the right to request the immediate return of your personal property. For items that belonged to your mother and were family heirlooms, the distribution depends on whether she left... View More

Generally, an "estate attorney" represents the personal representative. So, if the PR has been removed, the attorney's client is no longer a party to the case, assuming the former PR is not also an heir. If that assumption is incorrect, the attorney would still represent the former PR.

The credit union may offset and pay her credit card debt with her savings.

Edwin Christian Cisneros Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2024

It can be the same lawyer who drafted the trust or another lawyer. There is no legal requirement that it has to be the same lawyer.