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answered on Apr 2, 2020
This question should be posted to the probate area of law. That said, there is no small estate affidavit in Georgia. If you have been granted Letters of Administration, you should be able to transfer all assets with your Letters.
answered on Mar 31, 2020
As your question is worded, it is the estate. As is probably the case, it is the daughter. Most banks add the new signer on as an account owner. Therefore, if she is an account owner, the money is hers. If however, the bank truly added her as having signatory power, but not ownership, then the... View More 
I understand the court typically assigns the remaining parent as the custodian/manager of the children's life insurance policy. What if you would like to contest this b/c we are extremely concerned that the parent will spend the money left for the children's college and/or future needs... View More
answered on Mar 31, 2020
Typically in divorce cases, the final divorce decree requires the parties to maintain life insurance policies for the benefit of the minor children if one parent dies while the children are still minors. This is so that the children can still be financially provided for while they are minors. If... View More
I understand the court typically assigns the remaining parent as the custodian/manager of the children's life insurance policy. What if you would like to contest this b/c we are extremely concerned that the parent will spend the money left for the children's college and/or future needs... View More
answered on Mar 30, 2020
Typically in divorce cases, the final divorce decree requires the parties to maintain life insurance policies for the benefit of the minor children if one parent dies while the children are still minors. If that is the case, there is not a way to now alter the beneficiary designation, unless the... View More
We have been paying the tax's for about three years as well.
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answered on Mar 25, 2020
The holder of a life estate cannot “leave” it to another person. When the life tenant dies the life estate ends.
Contributed to financially and took care of parent for years; sidelining her own life to do so. Can one child have that favor?
answered on Mar 6, 2020
How long is a piece of string? Not trying to be smart, but if the trustee agrees, it could take about 10 minutes. If the trustee fights removable, it might drag on for many, many years because of court calendars, etc.
My dad died without a will in GA ( gwinnett county). The only assets he has are a house jointly owned with my mom with rights of survivorship and a business checking account which is solely in his name. No POD or beneficiary on the business checking. My question is would I file a “no petition... View More
answered on Mar 4, 2020
You must file a Petition to Appoint Administrator to secure the funds in the business account for your mother.
I am beneficiary to like 3 high priced accounts and she has "friends" that came for her or for her bf and it aint goin smooth they tryng to keep me away from her cpu and all saying grandma didn't trust me but that's ot true.. How do i take.control here and make them.leave
answered on Mar 2, 2020
You need to contact a probate attorney to resolve her estate.
answered on Feb 24, 2020
You would need to speak with a probate attorney to discuss your options. Your next steps will greatly depend on the nature of the assets that your father left behind. My condolences on your loss.
answered on Feb 3, 2020
Assuming your grandfather died in Georgia, you or any of his heirs can file his will for probate as soon as you have the death certificate. You will file the Will in the probate court of the county where your grandfather died.
Is this for local debtors only?
answered on Jan 19, 2020
I'm not sure what "this" is? If you were appointed administrator, you have to run a Notice to Debtors and Creditors in the local newspaper. The ad runs for 4 weeks and generally costs about $80 to run.
she wrote a letter saying she could not find her living will. We have been unsuccessful in finding it as well. She listed where her assets so go. She listed at the end that her current husband (only 9months married) is entitled to nothing and she wants him to get nothing. She has stocks, a car and... View More
answered on Jan 17, 2020
Because your mother died without a will, there are no considerations given for what she told others she wanted. Nor do her handwritten notes have any bearing on how her estate is to be distributed. You are required to distribute 1/3 of the estate to her spouse and divide the remaining 2/3 among... View More
She left me the deed to her home in a safety deposit box that only she and I had access to along with some money in a POD account which I use to pay for her funeral arrangements and any outstanding bills.
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answered on Jan 7, 2020
If your grandmother has a will, then her will governs who gets what. If she did not have a will, then the laws of intestate succession determine who gets what. There is no way to answer your question without reviewing the will or, if no will, understanding exactly what heirs survived her (spouse,... View More
for her, but am owed over $2000 in wages. First the lawyer told me he had to get on her account, then he said her had to put money in a conservatorship account and now he says he has to get approval from the court before he can pay me. It's been 3 months. What is the truth?
answered on Jan 2, 2020
Everything you have been told is accurate. You can ask the lawyer for a copy of the documents he filed in court to get approval to pay you. You can also ask the probate court for a copy of the document he filed for permission to pay you.
for her, but am owed over $2000 in wages. First the lawyer told me he had to get on her account, then he said her had to put money in a conservatorship account and now he says he has to get approval from the court before he can pay me. It's been 3 months. What is the truth?
answered on Jan 1, 2020
It is difficult to provide you with an accurate answer, more information is needed. It is best to consult with an estate planning/elder law attorney who can assist you with the specifics of your case.
I wish you well.
-The Upshaw Law Firm, (770) 240-0922.
the will has been filed with the courts but was not taken to probate. will named spouse as beneficiary. The real property is occupied by the spouse and she is trying to refinance but needs to have the property title put in her name as it was only in her deceased husbands name.
property... View More
answered on Dec 30, 2019
You have two choices. You can probate the will and transfer the real estate to the spouse by way of the Will. You can also have the spouse file a petition for year's support and ask the court to give the house to the spouse. These are the only ways to get the property transferred to the... View More
My brother has taken a car that is registered in both dad and stepmoms name. How do we get back without causing family issues?
answered on Dec 13, 2019
This is a probate question, not estate planning. The question is very easy to answer until you throw in that last phrase. Whatever you do is going to cause family issues. If you ignore the problem, I assume the auto insurance will lapse, your brother will be arrested eventually for driving an... View More
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answered on Dec 10, 2019
You have not provided enough information. Post again but the next time explain who are the living relatives of your deceased sister? Does she have any children? Was she married? Are either of her natural parents living? Was she legally adopted by anyone? Any living whole siblings? Any living... View More
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