Land is currently in one piece, not designated into 3 as to who gets which piece. My sister is wanting to build a house on her piece that she will get but my mom is refusing to designate who gets what piece because she says it will break the life estate. Will drawing up the tract and designating... View More 
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answered on Apr 17, 2024
If Mom and Dad only have life estates, then none of their issue will get anything at their deaths. Hire a GA attorney to search that title and determine ownership. If you stated the facts correctly, then nobody wants to build on the tract. Who is the remainderman?
The person who has their name on the mortgage is deceased (my father in law). The person who has their name on the deed is the spouse of the person who has their name on the mortgage. They living spouse had to go to probate court for year's support to get their name on the deed. The living... View More
Can someone acting on the behalf of the husband (living) override what was left in the will of the wife (deceased, she left properties to some of the grandchildren) because of money they CLAIM is owed to the grandfather for "overdue rent"?? Being that was family, there were never any... View More
The Probate Judge on the case made judgements against the Executor and in my favor, Executor failed to pay, thus lead Judge for the county filed a Writ of FiFa on her. Do I need to do anything as a follow up? Also the Executor moved from Georgia to Florida which the court knew about and sent the... View More
My dad passed away in MS in Dec ‘23 and he had a pension. The company stated it was $5000 left over, and the check was payable to his estate and in my name as well. They told me to get an estate EIN and that was all I needed and the death certificate. But, I need a small estate affidavit too.... View More
The Probate Judge on the case made judgements against the Executor and in my favor, Executor failed to pay, thus lead Judge for the county filed a Writ of FiFa on her. Do I need to do anything as a follow up? Also the Executor moved from Georgia to Florida which the court knew about and sent the... View More
She is in asst livg. He uses credit card for her meds etc & 4 himself & checks from her SS. I live diff state. Property val near $1 m. All her cash is gone, for her care. What vehicle to use for sale proceeds ensure safety of $?
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answered on Mar 21, 2024
If your brother is stealing from your mother, you might need to file a petition to have yourself appointed as your mother‘s conservator. Then, as conservator, you can sue your brother for the funds he stole. And, as conservator, you will have the sole right to manage her financial affairs going... View More
The step-parent has living relatives: Mom and siblings
answered on Mar 13, 2024
The simple answer is no. But, when parent died, child would be an heir to her natural parent's estate. Depending on facts of case, an equitable adoption might exist between step parent and step child that would allow for inheritance. You should see a probate lawyer about that possibility.
If the husband dies and leaving the widow the benefits and she dies, who shall the benefits go to?
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answered on Mar 8, 2024
When a teacher passes away and leaves their retirement benefits to a widow, the next steps regarding the benefits after the widow's death depend on the specific rules of the retirement system. Each retirement system has its own set of policies for the distribution of benefits after the... View More
I know that she has money in the estate.
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answered on Feb 23, 2024
In the situation where you've paid for your friend's burial expenses and you believe there are funds in her estate to reimburse you, it's important to understand the legal process for handling debts and distributions from an estate. Generally, creditors, including individuals who... View More
I speculated my grandmas original will was swapped for a forged one reflecting my mom as the sole beneficiary and there’s nothing that I could do unless I had the original will, which I did not…
So my mom never informed the brokerage companies of my grandma death nor put it in probate.... View More
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answered on Jan 26, 2024
I'm sorry for your difficult situation. There are a few options to determine if you are still a designated beneficiary on any of your deceased grandmother's investment accounts:
1) Contact each investment firm directly (e.g. bank, brokerage, etc) providing copies of the death... View More
My brother passed years ago. My mom and stepdad filed a wrongful death lawsuit, but both passed before the case was won. The proceeds from the case were split in half. One half to the children of my stepdad, and the other half to the children of my mother. The children of my stepdad had no trouble... View More
answered on Jan 7, 2024
You may be able to apply for an Individal Taxpayer's Identification Number (ITIN) for your mom with which you should be able to open a bank account for her in the USA. If that doesn't work, you could try to start a probate case so the Court can determine that those funds do... View More
Outside of death certificate, what forms do i need to fill out?
answered on Jan 5, 2024
Generally speaking, you have to open an estate to transfer real estate. However, you must share the estate with your spouse's children after paying all debts of your spouse. You could also file for a Year's Support.
My grandmother passed away a few years ago. Her house was left to her surviving children. Recently, 2 of his siblings passed away, both with leaving children of their own. My dad and his sisters want to do a major renovation on the house, but my uncle's widow is insistent that she's... View More
answered on Jan 3, 2024
It depends on whether your grandmother and uncle had a will. If neither of them did, then your uncle's wife and your uncle's children inherit his portion of the property. The husband and children of your aunt who is also deceased are also joint owners of the property. If your uncle or... View More
answered on Dec 22, 2023
You will need to file probate. The form of probate you need to file depends on whether your father left a will or not. If your father left a will, you will need to probate the will in solemn form. It is usually a better option than probating the will in common form. If your father did not leave a... View More
What steps should I begin taking to have the deeds transferred to my name
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answered on Dec 23, 2023
In Georgia, handling the estate of a deceased parent, especially transferring property deeds, requires specific legal steps. You should look for an attorney experienced in probate and estate planning. This type of attorney will guide you through the process of administering your father's... View More
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answered on Dec 25, 2023
In Puerto Rico, like in the United States, there are provisions for gift tax exclusions. Your parents can give gifts up to a certain amount each year without incurring gift tax. As of 2023, the annual gift tax exclusion in the United States is $16,000 per recipient. Since Puerto Rico follows... View More
My husband had a minors trust that ended when he turned 21 at which time his trust terms indicated that he had a right to terminate the trust and receive all funds from it. He does not remember ever being informed of this, and the terms basically say that he had six months to apply his right of... View More
answered on Dec 14, 2023
In order to determine what rights your husband has, it would be necessary to review the full terms of the trust. If the trust is governed by the laws of the State of Georgia, it is possible to terminate, amend, or otherwise modify the trust with the consent of all of the beneficiaries. Schedule a... View More
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answered on Dec 12, 2023
No, worthless. No legal description, no recording information, and real property is conveyed by deed not a contract term.
We have resided together for past 10 years. After the funeral the father told me to stay in the house because that is what his son would have wanted. 3 days later different story he said that he and sister have to sell the house to pay the lawyers. They also have all monies from bank account and... View More
answered on Dec 10, 2023
If you were not legally married in Georgia or another state, then your rights will be limited to what is in writing. If the life insurance policy lists you as the beneficiary, you will be entitled to the insurance proceeds. Unfortunately, if there is no will, your rights will be limited. Schedule a... View More
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