T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2023

No, a temporary administrator does not have the authority to determine who can live in the deceased's home or who needs to be evicted. This is because a temporary administrator is only appointed to manage the estate of the deceased until a permanent administrator or executor is appointed. The... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2023

Obviously there are already grounds for breach of lease contract and the owner can sue for possession now.

If you die before your mother and you have no lineal descendants born or adopted, your share would go to your two sisters or their lineal descendants should they have any. Instead of being split three ways, your mother's estate would be split two ways between your two sisters or their lineal... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 2, 2023

Generally, the ability of an executor to transfer property held in an LLC depends on the operating agreement of the LLC and the terms of the will. It's essential to review these documents to determine the authority granted to the executor in such transactions.

Yes, you can request an accounting from the executor/administrator to see what funds have been put into the account. You can also request an inventory of personal property. If you believe the executor/administrator is mishandling estate funds or property, you can ask the court to remove them and... View More

If your mother is on title individually and has the mental capacity to make decisions on her own, there is no way for your sister to contest the sale. If your sister is on title or your mother lacks mental capacity, things get much more difficult. Either way, schedule a free consultation to make... View More

In order to be self-proven, a will or a codicil has to have a self-proving affidavit attached to it pursuant to OCGA 53-4-24. Since the codicil in question does not have a self-proving affidavit, interrogatories to the witness must be produced to confirm to the court that the will was signed as... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 16, 2023

Yes, you can transfer your property to your trust. All that is required to effect the transfer is a deed.

The real question is what are the consequences if/when your lender finds out. The answer to that question depends on whether the property is residential or non-residential and whether... View More

It depends on the wording in the will, but generally, yes, it can change and often does - children, siblings, nieces, and nephews get disinherited when a parent remarries and leaves everything to the new spouse. Schedule a free consultation so that your aunt's will can get reviewed to see what... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2023

You can ask the Probate Judge to set a lower fiduciary bond. But usually someone else that can qualify for that bond requests to become administrator, sometimes an attorney. You may be including items which are not part of the Estate. Consult with a GA attorney that knows Probate, and you can... View More

If the estates are still open, your best bet would be to petition the probate court to have the items removed or have the estate pay you a storage fee. You could make a claim as a creditor. Since you are the legal owner, you technically have the right to have the remaining personal property removed... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 1, 2023

If the POA was revoked at the time of Deed execution then there was no valid conveyance. However if no interested party ever files suit to have the Deed declared void, then the purported conveyance remains of record. After many years the voidable Deed is cured. Contact a GA attorney now... View More

You will need to register for an account with the Georgia Department of Revenue. After verification, you will be able to submit a claim through the online portal for unclaimed property. If you need assistance, schedule a free consultation.

This is far more complicated than it seems. If the spouse has a wrongful death claim, and elects not to pursue it, the claim goes away. No one else can pursue it. If she wants to pursue the claim, but does not want the money, she has to first get it, and then give it away, which comes with gift tax... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 30, 2023

If the trust is unfunded, then all of the decedent’s assets that do not have beneficiary designations become part of the decedent’s probate estate and, having no will, the decedent’s estate will be governed by the laws of intestate succession.

This demonstrates a classic estate... View More

No, your sister cannot put it in her name solely. In order to transfer the property from your mother, a probate administration will have to be opened for your mother's estate. From the probate case, the property will either transfer to all of the children equally, or it will need to be sold to... View More

If you are going to challenge the legitimacy of a will, you should consider hiring an attorney as many of the arguments involve technical legal issues. Below is a non-exhaustive list of possible challenges to the will.

1) The will was not signed, witnessed, or notarized properly;

2)... View More

If the will is probated in solemn form, the heirs have 30 days to contest it. If the will is probated in common form, the heirs have 4 years to contest it. If probate has not been filed, then the time for contesting a will has not started and is extended until probate is filed.

It depends on the language contained in the order appointing you as administrator or executor. If the order relieves you of the duty of providing inventories and accounting for the funds, you can distribute the funds and request that the court close the case. If you have not been relieved of the... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 14, 2023

Yes, the sentence is correctly worded. It states that the decedent was not married at the time of death and had one child, specifying the child's name and date of birth.