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answered on Jun 7, 2018

This is a trusts / estates question. Please post in that forum.

She can access any accounts on which her name appears. Likewise, she can access the units if her name is on the storage unit rental. If it is not, you can send the storage facility a copy of his death certificate and ask them to restrict access until an Administrator is appointed. You and your... View More

Regina Irene Edwards Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 11, 2018

This isn't a family law question. You should post in the estate forum.

Talk to a local attorney. I don't know how to help you because I need more information than what you've provided.

Generally, if a life insurance policy has a designated beneficiary and the beneficiary survives the insured person, the policy proceeds would be paid to the designated beneficiary. In such event, the proceeds would not be part of the probate estate and not pass under the terms of the will. On the... View More

Probate of a Will is different than acting as executor although an executor usually submits the Will to probate and performs the duties required by law. Georgia law provides that persons acting under the color of a POA have a fiduciary duty to the person whom executed the POA. Your situation is... View More

You state that your stepmother died intestate (i.e., without a will). You further indicate that your father survived her and was her sole heir. (This would mean that your stepmother did not have any descendants who survived her.) Assuming this to be the case, then your father would inherit her... View More

You do not mention where your father was domiciled at the time of his death. Also, you do not state whether you have received letters testamentary from the probate court of the county in which he was domiciled. In any event, if your father owned property in Florida and you want to have your... View More

Talk to a local attorney about your options. There probably is nothing you can do until your father passes and the will is offered for probate. The will should not affect any life insurance policies that exist.

If the power of attorney was properly using the POA, then the money derived from the sale of the home will pass in accordance with the Will or the laws of intestacy. The money does not flow to the person who was left the home in the will.

Most states have small estate affidavits or affidavits of heirship (they go by different names in different places) by which an heir can swear to certain facts, including whom the decedent’s heirs are. Persons holding property or funds of the decedent are entitled to rely on such affidavits and... View More

Generally it means that the executor has been given broad powers to settle the estate. Included in these Powers is an ability to sell property without consent of the Court, borrow money for the estate as necessary, and other things along these lines.

If you haven't been named the administrator/executor of the estate then you have no obligation to the estate. That said, you can probate the estate even if the son won't sign. You just need to get him served with the papers by sheriff or private process server. I'd encourage you... View More

In Georgia, you are only responsible for debts you incur. Your father will not be responsible for debts of his wife unless he signed making himself obligated for them.

Once gifts are given and accepted, the giver retains no fight in the property. The recipient's will dictates how her property passes at her death. Without a will, the spouse of the deceased shares the estate with the decedent's children. Personal property is treated like all other... View More

Generally, I would expect the state where your great grandmother executed the trust to be the home state. You probably need to locate an attorney in that state to help you. If you prefer not to do that, you should consult with an attorney and make sure your reading of the will/trust is accurate.... View More

There is not enough information to answer your question.

Contact the attorney and ask him to forward them to you. He may or may not. Sounds like probate docs.

If you are not a named person on the bank account, then you cannot access the safety deposit box. You will need to get the probate court to grant you authority to open the box to see if a will is present.

Talk to an attorney about representation in this matter.