As song as the will was witnessed by two people when it was signed, the will is valid. It would be better if it also contained a Self Proving Affidavit signed by a notary and meeting Georgia's standards. It would not hurt for you to pay a lawyer for 15-20 minutes time to review your document... View More

If your uncle died with a spouse or any children-ever-, then your uncle's siblings will share in his estate. If your parent, who was your uncle's sibling, passed away, you are entitled to inherit your parent's share of your uncle's estate. The same applies to your cousin.

There is no set person that has to take over responsibility for a parent who has had a stroke. Assuming the parent has a good relationship with their children they would likely step up to help, but they are not required to by law. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

I am not sure what your question is.

Possibly. There are a number of variables to determine who will be entitled to any property left behind by your daughter. You should consult with a probate attorney to discuss the specific facts and circumstances of your daughter's estate to determine your rights.

I don't know that any formality is necessarily required. A simple statement by the named executor, notarized and filed with the clerk's office ought to do it.

Motion to dismiss executor and replace him. See an attorney.

In an advance directive for health, the principal (i.e., the person who executes the document) may appoint an agent to make health care decisions. If he appoints an agent, then the advance directive is a medical power of attorney. Another type of power of attorney is a financial power of attorney... View More

We would need to know more facts about your case in order to prove you with a thorough response. Was there a will left when the person died and was the child not left an inheritance? Did the estate go through probate? You may want to consult with an attorney who can review the facts of the case in... View More

This is a simple question with a complex answer.

Who owns the home right now? Only the rightful owner, or someone with a lease from the rightful owner, can evict you.

If the home is in the name of a deceased person, the home will need to go through probate to be transferred into... View More

Your question is well past complicated. The entire will needs to reviewed by a lawyer specializing in probate law. You compound the issue by discussing grandchildren who might have a conservator. You make no mention of grandchildren as you quote part of the will. This question ought to be... View More

I think this may be a duplicate question. No, you won't be able to do that. You may want to consult with an attorney who can review the facts of your case in detail and present you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com

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answered on Jul 29, 2018

No, that is fraud.

If your sister was appointed as your conservator by the probate court, she should place all of yiur assets into her name, as your conservator.

In Georgia, if real property is owned by two people as joint tenants with right of survivorship, on the death of the first owner, the property would belong to the surviving owner. If the property is owned by two people as tenants in common, on the death of the first owner, the undivided interest... View More

Unless he was granted expanded powers with the Letters of Administration, he has to get court approval to sell the property. He will ultimately be able to sell the home once he gets court approval.

Here is some general information. In Georgia, a petition for year's support is a petition by the surviving spouse to have property in the estate set aside for her benefit. If the petition is granted, the property will be set aside to the spouse and the spouse will own the property. If the... View More

If the brother and sister owned the property as joint tenants with survivorship, on the death of the brother, the sister would own the property under Georgia law. On the other hand, if the property were owned by the brother and sister as tenants-in-common, the brother's undivided interest in... View More

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answered on Jun 16, 2018

You should not leave the home. You should consult with an experienced family law attorney to weigh your options. It does not matter if your name is on the home, it is a marital home and you should remain unless advised by your attorney otherwise.

I assume you mean that there is a trust, the home is a trust asset, and the child is a beneficiary of the trust. An attorney would have to review the trust and know what other assets are in the trust to determine the answer to your question. I recommend that you consult an estate planning... View More