Get free answers to your Estate Planning legal questions from lawyers in your area.
I need a attorney to go over trust, financial, estate with me. The complexity is overwhelming. Policy is main source of income. My daughter is personal representative, co successor Trustee, remainderman, beneficiary as trustee, we have estranged her entire life. My mother's will says my... View More 
Father passed and my brother and I were beneficiaries of his estate. All of his CDs, IRAs and Bank Accounts were included in his will. He had made each of us beneficiary on accounts that we received. He did not include his van and told us to decide between us who would get it. We agreed I... View More
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answered on Nov 11, 2024
If his Will was probated, then it had a Residuary Clause. That van is bequeathed under that clause as part of the residuary estate.. Executor has duty to distribute the residuary estate.
My grandfather's property on his land tax accessor online went from owner: state of so and so then to owner: estate of so and so with ATTN so and so rite under it..... What does that mean???
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answered on Nov 6, 2024
That is the tax assessor's on line chain of title, which may or may not be correct or complete. Hire a GA attorney to search the title and explain to you the title.
the executor. I haven’t been appointed yet and want to resign from this. Too much hassle. Can I do this?
answered on Oct 29, 2024
You cannot be forced to be the executor. Make sure that you turn over the original will to the probate court and let the court know that you are declining the appointment as executor. If your friend's son is already in possession of the original will, let him know that you do not want to be... View More
Father dies in 2018 as joint tenant without ros with mother who died in 2024. Nothing has been filed with probate yet. I am the only biological child and have 2 older half brothers (from mom's previous marriages). Do I inherit half of my fathers interest in the home or is it divided between... View More
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answered on Nov 16, 2024
Joint tenant WITHOUT rights of survivorship is tantamount to a tenant in common which means the owners' ownership interests may vary.
Your facts need to be clarified a little more to answer your question comprehensively. For example, was your dad married to someone other than your... View More
I hired my father's attny to advise me during my father's probate of his estate. The attorney ultimately held my dad's 401 k check for ransom basically, causing me to bounce checks to bounce checks that were written on the estate account so I fired him. He then had me removed as the... View More
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answered on Oct 11, 2024
There may be a conflict of interest for the attorney if he actually represented you, then represented someone else against you. But he may claim he represents the Estate. You should have brought this up when he moved to remove you as PR. The State Bar might be interested.
The?
Property includes a house, 2 rental trailers, and a small shop on five acres. The widow who has a lifetime estate has a son not included in the estate that lives in one of the trailers.
answered on Oct 10, 2024
The new owner, those who are listed as the individuals who take ownership at the time of death of the life tenant, can enter immediately upon the death of the life tenant. These individuals are known as remaindermen in legal terminology. If there is a tenant or occupant of the property that was... View More
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answered on Sep 16, 2024
If the Will was Probated, then the beneficiary's heirs and next of kin take.
answered on Sep 14, 2024
It depends on whether the bequest was given in the will per stirpes or per capita. If per stirpes, the gift flows to the lineal descendants of the beneficiary - children, grand children, great grandchildren, etc. If there are no lineal descendants, the bequest goes to the residuary beneficiary in... View More
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answered on Sep 11, 2024
Do not glue it back! That would be an easy contest. Hire a lawyer to draft and execute a new Will, even if it is the same as the old one.
answered on Sep 5, 2024
An objection to a will is known as a caveat. A prenuptial agreement, which is a contract between two parties, may affect the assets that are included in the estate. If there are items in the prenuptial agreement that should not be included in the estate, the rightful owner will need to file a... View More
answered on Sep 2, 2024
Yes, any heir may retain counsel prior to the passing of the individual that the heir may inherit from. If you anticipate that the estate may be contested, it would be in your best interest to retain counsel yourself.
Schedule a free consultation to make sure that your inheritance is protected.
Is there case law in which an estate was required to pay alimony arrearages?
answered on Aug 29, 2024
Alimony can be claimed against an estate. The priority of alimony is set by statute, OCGA 53-7-40. Alimony falls under judgments and is 6th in priority under the statute.
The person in question had a key , and in front of two deputies, claimed she had some of her property in deceased's home.. and proceeded to fill three pick-up trucks with items removed from the home . Deceased has a will, yet to be addressed, isn't illegal to remove any items until any... View More
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answered on Sep 20, 2024
It is not illegal for a person to take property that belongs to him or her if that can be done without trespassing.
It is illegal, of course, for a person to steal from the estate, i.e. to take personal property that does not belong to him or her.
If this individual did steal from... View More
There is a lot of information to write down. The situation in short is my family member is dead. His girlfriend broke up with him, according to a documented police report & body cam footage, the night he died in an accident. She now provides a Living Will (Not Will & last testament) printed... View More
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answered on Aug 22, 2024
Please note that I am not admitted to practice law in Georgia, but I found this information through a brief Google search, and the requirements in Georgia are similar to those in most states. In Georgia, for a will to be valid, it must meet specific requirements, such as being in writing, signed by... View More
answered on Sep 11, 2024
Yes, as of July of 2024, transfer on death deeds are legal and enforceable in the state of Georgia. The transferee does not become an owner of the property until the death of the transferor. The transferee is required to file an affidavit within 9 months of the death of the transferor. If no... View More
The ex wants to sell and asked for the death certificate. My question is , can the ex husband sell the home and take all of the proceeds? This is in Georgia
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answered on Sep 3, 2024
There is not enough information to answer your question. A lot depends on what was written in the settlement agreement regarding who would get the home. You need to consult with an attorney who can review the divorce documents and give you advice.
It is me being the youngest, my middle brother and my older brother, who is the executor over my mother's will
answered on Sep 2, 2024
The executor of an estate is generally entitled to compensation for their services. The amount of compensation is typically outlined in the will. If the will does not specify compensation, Georgia law allows the executor to receive a commission based on a percentage of the value of the... View More
answered on Sep 3, 2024
Yes, your mother's estate will be split according to the laws of intestacy. The split percentage depends on the number of children your mother had. If you are an only child, you and your father will each get 50%. If there were multiple children, your father will receive no less than 1/3 of the... View More
I am waiting for a trial date that was moved from Gwinnett to Fayette County. I believe I've been a victim of Probate Fraud. The executor and his lawyer got me to sign a " no administration required" early on. Theses were meant to be used in small estates worth $15,000.00 or less.... View More
answered on Sep 3, 2024
There is no monetary limit on a No Administration Necessary filing. The only requirements are:
1. All heirs must agree to the distribution of the assets of the estate.
2. There are no debts of the estate.
3. If there are debts of the estate all creditors have consented to... View More
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