Get free answers to your Estate Planning legal questions from lawyers in your area.
We have resided together for past 10 years. After the funeral the father told me to stay in the house because that is what his son would have wanted. 3 days later different story he said that he and sister have to sell the house to pay the lawyers. They also have all monies from bank account and... View More 
answered on Dec 10, 2023
If you were not legally married in Georgia or another state, then your rights will be limited to what is in writing. If the life insurance policy lists you as the beneficiary, you will be entitled to the insurance proceeds. Unfortunately, if there is no will, your rights will be limited. Schedule a... View More
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
She was already way behind on rent and had broken the rental agreement...
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.
I live in Georgia. My mom’s will splits her estate between me and my two sisters equally and includes the phrase “per stirpes”. I have no children (natural or adopted) and no grandchildren. If I die before my mom, who does my share of the estate go to?
answered on Oct 10, 2023
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
I was just curious to see if my uncles executor can sign a house that his wife is living in over to my mother in the state of Georgia? My mother is her caretaker and she is the beneficiary of the will. The house is in an llc. Thankyou
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.
We do not know if there is a bank account set up for the estate or how much money has been put into the account.
answered on Sep 11, 2023
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
My sister takes care of my mother--but my sister cannot physically do it. Mom wants the sale clear and uncontestable.
answered on Aug 20, 2023
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
The Judge states that the codicil is not self-proven. Interrogatories to Witness to Will are being asked for. If said witnesses cannot be notified, what would be my next course of action? I have the original Will, but the original Codicil is with a copy of the Will records in another county. I did... View More
answered on Aug 19, 2023
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
The house has not been paid off as yet
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
answered on Aug 15, 2023
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
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
I lost my grandparents around 3 years ago. My mother, also the executor of both estates (and bear in mind we have an extremely strained relationship), inherited almost everything while I ended up with the house. I have received a deed with clear title and it has been filed with the local superior... View More
answered on Aug 5, 2023
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
Can someone us a specific power of attorney to convince notary person they have power of attorney over their parents when the specific power of attorney was already voided after 60 days. Would the notarized quite claim deed be valid?
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
answered on Aug 1, 2023
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.
Deceased killed in accident. Surviving spouse seeks waiver of right of potential heir to receive assets or income from estate. What document is needed?
answered on Jul 31, 2023
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
Is this still true if the trust has not been funded?
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
My mother died without a will. She has 5 living children. Her husband previously passed. In the state of Georgia
answered on Jul 23, 2023
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
Also, what are some things I should look for if this said will was believed to be a fake will???
answered on Jul 15, 2023
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
answered on Jul 15, 2023
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.
I have been granted expanded powers by the probate court in Cobb County, Ga. I have made the legal postings for creditors, the time has expired and there have been no claims against the estate. I have the funds in an estate account. after tax returns are filed, can I just distribute the funds and... View More
answered on Jul 15, 2023
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
