Get free answers to your Estate Planning legal questions from lawyers in your area.
My grandmother, who is still competent, put her house in the name of her daughter, who has power of attorney over all matters. However, she wants to leave the house to someone else in her will due to a strained relationship with her daughter. The house has been my grandmother's for 20 years,... View More 
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answered on Apr 24, 2025
Power of Attorney does not convey ownership. The daughter simply steps in the shoes of the principal(grandmother) for a specific amount of time. Upon the principal's (grandmother's) death, the property remains in the principal's (grandmother's) estate and if a Last Will and... View More
My father passed away last month, and I am trying to determine if he had a will. He was born in New York, his family is from Puerto Rico, and his last known place of residence was Savannah, Georgia. How can I find out if there is a will in any of these locations?
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answered on Apr 14, 2025
Unless a will was found at his residence or business in GA, you probably will not find one. Unless a will is filed for probate it means nothing. You may want to hire a GA attorney to file an intestate administration if you need to file probate. But first decide if probate is needed.
Can three appointed successor trustees, managing property on behalf of beneficiaries, collectively have the same authority as the original deceased trustee, given that they are working together as a team?
answered on Apr 14, 2025
Under Georgia law, successor trustees possess the same authority as the original trustee. According to OCGA Section 53-12-201(g), “A trustee appointed as a successor trustee shall have all the authority of the original trustee." This is the default rule but the terms of the trust could mean... View More
In a will, it is stated that the executor has sole discretion over the estate land, meaning they can choose to sell it and must divide the profits among the deceased's eight children. The will specifies that heirs do not need to be notified if the land is sold, and there are no attorneys... View More
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answered on Apr 12, 2025
You're right to be concerned, especially if the will clearly gives the executor full authority to handle the sale without needing heir involvement. In Georgia, if the executor has been legally appointed by the probate court and the will grants them discretion to manage the estate land,... View More
If a will stipulates that beneficiaries be paid over a 5-year period based on the business's value at the date of death, is the executor responsible for ensuring these payments even if the business is underperforming? My father's will appointed the manager of his small trailer rental... View More
answered on Apr 10, 2025
The executor is obligated to carry out the terms of your father's will, regardless of the business’s performance—unless the will explicitly conditions the payments on available business income.
If the will says beneficiaries are to be paid based on the business's value at the... View More
I am in Georgia and interested in obtaining legal forms related to real estate for a residence, specifically an affidavit of survivorship and Transfer on Death (TOD) deed, as part of my estate planning. These seem simple, but I'd like guidance on how to proceed, including where I can find... View More
answered on Apr 10, 2025
I recommend you consult with an estate planning attorney to prepare these documents. There is a statutory form Transfer on Death Deed provided in O.C.G.A. Section 44-17-3. However, a person's specific circumstances often warrant specific modifications or additions to the form to ensure their... View More
I am a beneficiary of a trust fund, and my sister was the conservator but has now turned it over to a lawyer as she couldn't complete the task. The trust is supposed to pay my bills, and I have a copy of the trust documents. My sister claims she loaned me $50,000, which I need to return once... View More
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answered on Apr 11, 2025
That sounds like a big step, and it’s important to move forward with clarity and caution. Since your sister has passed the responsibility to a lawyer, your first move should be to contact that attorney directly. Let them know you are a beneficiary and request a meeting or written explanation of... View More
I am the only descendant of my unmarried deceased parent, who left a will naming his sister as the beneficiary. The will does not mention me at all. Am I entitled to any portion of the estate?
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answered on Apr 12, 2025
That’s a tough situation, and it’s understandable to have questions about your rights. In Georgia, a parent can legally choose to leave their child out of a will. However, if you were completely left out—meaning not even mentioned—it’s possible to argue that you were “unintentionally... View More
I am the administrator and an heir of my father's estate. The court has named me the administrator, and there is a will that specifically mentions the property. I have already gone through probate, and there are no other heirs with claims to the property. What is the process for having the... View More
answered on Mar 27, 2025
If you are acting as administrator pursuant to an administration with will annexed, you will need to sign an administrator's deed to the party listed in the will as the beneficiary or beneficiaries of the real estate. If you are acting as administrator because the will is invalid or... View More
I have a handwritten will that was filed at the probate office in Georgia more than five years ago. The will has no witnesses, and there have been no updates or changes to it since it was filed. Is this will legally valid?
answered on Mar 26, 2025
No, in Georgia, a will must be witnessed by two witnesses to be valid. You will have to proceed with administration of an intestate estate to complete probate. Schedule a free consultation to ensure the estate is administered correctly.
What type of Power of Attorney (POA) will the Atlanta Police accept for filing a missing person's report on behalf of an adult who left a safe house for sex trafficking victims? The person's family, who is out of state, was told a local representative needs a POA to file the report. The... View More
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answered on Apr 12, 2025
To file a missing person's report on behalf of the individual, the Atlanta Police will likely require a Power of Attorney (POA) that grants you the authority to act on their behalf, particularly in legal or medical matters. This is often a limited POA, specifically granting you the power to... View More
After my father passed away on July 7, 2024, everything was left to my stepmom, who now has dementia and is in hospice care. My brother claims ownership of assets like a truck and lawn equipment, but the will has not been made available for me to see. What actions should I take, considering probate... View More
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answered on Mar 23, 2025
You can move forward with probating the estate and requesting to be the personal representative. At such time, if someone has the Last Will and Testament, they can object. They would then need to produce the Last Will and Testament. From the form of the statements above, it seems you assume that... View More
I need advice regarding a will that dictates the inheritance of an estate. An uncle has borrowed money against the property and leased it out. The will is clear about who should inherit the estate, and I have copies of it. Discussions have taken place, but the uncle refuses to sign over the estate.... View More
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answered on Mar 9, 2025
Was the will filed for probate? If not it means nothing. If probated, the executor's duty is to marshal up assets and make sure the devise is executed in possession of the devisee. Executor and/or devisee can file for unlawful detainer and quiet title. Also Devisee can file an ejectment... View More
I am an only child, and both my Georgia-resident parents recently passed away without a will that I can find. I have signed and notarized forms I was told are necessary and that I need to submit them to the probate court to be made executor of their estate, which I was informed costs $305 per... View More
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answered on Mar 4, 2025
Hire a GA attorney to either conduct an intestate administration or determine heirship and get an affidavit of heirship of record as your source of title. You are not able to do this yourself and could even lose the property.
I believe that representative trustees of a bank-held trust fund have breached their fiduciary duties over the course of 15 years, either negligently, deliberately, or both, in the administration of the trust and its express and sole purpose. What kind of attorney should I consult for this matter?
answered on Mar 2, 2025
I agree with Nina's answer and I'd also recommend you find a law firm with specific experience litigating against corporate trustees (e.g., banks or financial institutions) who understands how to navigate these complex cases, including obtaining financial records, forensic accounting, and... View More
My father passed away in July 2017, but no will has been filed or probated, and no Letters of Administration have been completed. My brother is handling business matters, selling assets (like a car and a truck), and claims he will sell the house. My mother is in assisted living with dementia, and... View More
answered on Feb 27, 2025
If you believe your brother is acting inappropriately, you need to file to be administrator of your father's estate. You also need to file for guardianship over your mother to prevent further abuse of the power of attorney. Once the probate case is filed, you can use discovery to determine if... View More
I have an irrevocable minor trust set up for my daughter that is held until she turns 18. The trust had some interest income the first year but none since, as it's now in an interest-free account. There have been no disbursements. Do I still need to file tax form 1041 every year?
answered on Mar 2, 2025
You will want to consult a tax professional to confirm specific trust filing rules. Generally, a Form 1041 (U.S. Income Tax Return for Estates and Trusts) is required for a trust if it has gross income of $600 or more in a tax year or if it has any taxable income (even if under $600). Since... View More
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answered on Jan 27, 2025
Not sure of your question, but you should be able to probate the Will. If Brother is executor, then ask the Court for you to serve instead. Your attorney needs to get consent for you to serve signed by Brother. His Units' JAG outfit can advise him if he questions signing them, and he... View More
It seems the law is purposely vague. Surely it is not acceptable to just accept The Executor's word that he will report the numbers honestly and not just use the other heirs' ignorance of the true value of the estate to undervalue the estate? Would it not be required of The Executor to... View More
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answered on Jan 28, 2025
When dealing with a "No Administration Required Agreement" for small estates, transparency is critical to ensure all heirs feel confident in the process. Supporting documentation typically includes a detailed inventory of the estate's assets. This may include bank statements, account... View More
My brother is in SSI because of a mental disability. Our mother recently passed and we should get an inheritance. How can he get that and also keep his benefits?
answered on Jan 14, 2025
Yes but you will need to set up a special needs trust for your brother. It is strongly advised to retain an estate planning attorney to handle this matter.
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