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with the local probate court for his house.
Has too much time passed for us to claim the home?
How long do we have to file the paperwork?
He did not have a Will and there are three of us. One of us will not be able to sign the documents the courts want us to sign until next year.
answered on Dec 5, 2019
You need to consult with a probate attorney to determine your options at this point.
My mother passed away Thursday. She has a Last Will created and notarized in 2008, listing my brother and I as inheritors (both 18+). She lived in an assisted living facility in GA, owned personal property but no real property, and received regular deposits from SSA-Disability and State Teachers... View More 
answered on Dec 1, 2019
You are required to file the original will with the probate court, but not for probate. Whether you need to offer it for probate depends on the amount int eh bank account. If there is less than $10,000 in your mother's bank account, the bank should divide the money between you and your... View More
Dad died here at my home in Cherokee County. He has a 2007 Nissan truck in my driveway and he has 2 bank accts with about $8000 in each. That is all! No other possible heirs! No debts, no creditors! Do I have to file for Letters of Administration or can I file Small Estate?
answered on Nov 23, 2019
You may file a Petition with the court to dispense with administration. The judge will determine if there are other heirs or creditors by advertising in the county of residence or where property is located.
Husband and wife to have each other as beneficiaries, and one son to be sole beneficiary after both parents are deceist.
answered on Nov 18, 2019
It is best to consult an attorney to assist you with formation. This is the simplest and best practice.
-The Upshaw Law Firm, (770) 240-0922.
The lawyer we had quit before we resolved anything. I’ve been living in my mamas trailer for 2 years next month. She told me to move in her place after she wanted to get put in the nursing home. She died 4 months after I moved in. I’m still here but my siblings was to evict me when I’ve been... View More
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answered on Nov 18, 2019
Hello. You have my deepest sympathy for the loss of your mother. This is a difficult question to answer given the information provided. I am unsure if anyone has actually filed to be named as administrator or executor based on the information provided. I will assume someone has petitioned to... View More
I am the named executor in a very simple will for a recently deceased relative who just had some cash and a few belongings. I have already filed the will and all necessary papers, but I'm getting answers all over the map about how long it takes to get the letters testamentary in order to begin... View More
answered on Nov 3, 2019
It depends on whether all the heirs signed the Acknowledgment of Service and Assent to Probate Instanter. If so, you will have letters in less than a month. If everyone did not sign off, then service has to occur and it will take months to get letters.
title of her car had her name and her deceased husband's name on it with no and /or beside the name. The plate office told us to go to the clerk of court with a will and death certificate. When we got to the clerk of court they told us we had to go to GA as the title was in GA but we are a... View More
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answered on Nov 1, 2019
You could hire a probate attorney in Georgia to assist you.
This happened as a result of your mom and dad's failure to plan properly. Do not do this to your own family. See an estate planning attorney about getting your own affairs in order so this does not happen to your heirs.
Who lived with him is hiding the will..I need to know how to recover a copy of the will so I can get the process started..I'm 38 with Congestive heart failure and stress is not healthy..I just need some direction on how to start this process
answered on Oct 31, 2019
That might be the best answer you could hope for. Without a will, and assuming your Dad was not married when he died, and you are his only child, you get everything. However, if there are other children who died before your dad, and those children have children, then you will share with those... View More
answered on Oct 30, 2019
Trusts should be witnessed and notarized, not necessarily to be effective, but to insure the trust's ability to transact business moving forward. If the trust is going to transfer land, then it needs to be notarized. The presence of a witness further ratifies the validity of the trust. A... View More
Under 6.. I do not Have a will, how would everything that belongs to me be split if i pass without a will? The house and cars are in my name and my wife’s name, and my wife is the beneficiary on my life insurance. Will everything go to my wife or will it be split between my wife and all my kids?
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answered on Oct 22, 2019
Regarding the house and cars, it is not possible to say without reviewing the precise wording on the titles. Regarding the life insurance, if your wife is the primary beneficiary and she survives you, she will get the proceeds.
As to everything else, if your wife survives you, she will get... View More
as Executor, and embezzled the estate assets into my sisters company,
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answered on Oct 18, 2019
You didn't ask a question, but I am guessing that your question is something along the lines of whether you or your father has any kind of remedy for what you consider to be a wrong perpetrated by the probate court or your sister or both. This forum is for questions of a general nature, not... View More
I was in a situation where i was previously living and i needed to move. So it seemed like we could both help each other. He asked me if i would consider moving in with him as friends and help him get his house back in order, it would have probably been considered unlivable in its current state.... View More
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answered on Oct 6, 2019
Hello:
This sounds like a really bad situation and my first response would be for you to leave and get yourself out of this situation. Your safety is of the utmost importance. I am not sure of the question. What is your specific question?
My niece (a minor) has an estate from my brother's wrongful death. Court named my dad as Trustee, and her mother as Conservator in 2007. Fast forward, mother lost parental rights 2014. Trustee been handling property last several years alone. Mother voluntarily withdraws as conservator 2019 to... View More
answered on Oct 3, 2019
It is not unusual for a judge to appoint a guardian ad litem under these circumstances.
The house to only 2 children,instead of all 7? Im inGeorgia .joint tenancy with survivorship rights not printed on deed
answered on Sep 23, 2019
You stated that your mother was named executor of your father’s estate. That means your father had a will, and your mother is bound to deliver the property as your father requested in his will. If your father did not have a will, then your mother would be an administrator. She would have to... View More
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answered on Oct 6, 2019
In order to properly answer this question, a little more information is needed. I am not clear on what you are considering "heir" property. In any event, a person can only leave what they have so even if the person is staying in the property that does not necessarily give them title to... View More
She signed in front of a notary who read and went over what she was signing and that mom fully understood what she was signing
answered on Sep 10, 2019
What is the legal question for us? I don't know what the question is that you are asking. Maybe you could re-write it so that the question is clear so that we can provide you with feedback. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com
answered on Aug 29, 2019
Ah, yes - conservatorships can be tricky to navigate without legal counsel!
To answer your question: a potential conservator would have an interest in the minor child's estate if the minor child and the potential conservator BOTH have an interest in the same property.
For... View More
Just curious as to much this may cost as I still have to raise her.
answered on Aug 29, 2019
I appreciate that navigating the legal system without the assistance of good legal counsel can be confusing!
To answer your question, typically no - a judge would not forgo a bond even though the minor's conservator may be his or her parent. Unfortunately, the law doesn't really... View More
Yes I am getting information for my grandfather. He inherited a house and piece of land from my great grandmother when she passed. He put his soon to be ex wife on the deed and now she is leaving and packing all her stuff to leave. She just came into alot of money from her father passing. Can he... View More
answered on Aug 17, 2019
Your grandfather should have consulted an attorney before she put her on the deed. If he did, he should go back to the attorney to consult with him or her.
Once you put a person's name on a deed, you can just simply remove it even if it was inherited. It was nonmarital property until... View More
My mother is the only living child, my uncle had 4 kids Two over the age 18 and Two under.
answered on Aug 14, 2019
If your grandmother was not married when she died, her two children will split her estate. Your uncle's four children will divide his half of the estate among themselves. Your mother will receive her half of the estate. This assumes your grandmother did not have a will.
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