A life insurance policy with no beneficiary becomes an asset of the estate. The estate passes according to the terms of the will unless someone successfully challenges the validity of the will. The larger the life insurance policy, the larger the incentive to challenge the will by disinherited... View More

You will need to look specifically in the probate records which may only be viewable in person at the Probate Court Clerk's office to determine if there was language in the order that required the furniture to be picked up within a certain amount of time. Generally, the inheritance is... View More

A Georgia attorney could advise best, but your question remains open for three weeks. It looks like this question got overlooked under the general "Uncategorized" heading. Some questions on this forum don't receive responses, but you could try reposting under "Probate" and... View More

Whether it is worthwhile to pursue depends on the size of the estate. If it is a multi-million dollar estate, it is probably worthwhile to consult a probate litigator in or near the county where your father's estate was probated.

A key piece evidence is that 2004 will that your... View More

Usually, a surviving spouse and any surviving minor children have certain rights whether they are named in the will as an heir or beneficiary or not. The public policy behind this is that they should not become dependent upon the State because the decedent hasn't provided adequately for their... View More

If the decedent left a surviving spouse or minor children, they may have claims for a year's support, meaning they may be entitled to assets even if they are not specifically named as beneficiaries in the will. If there is no surviving spouse or minor children, then the designated... View More

You need an attorney to review the trust to clear up the below assumptions. If the trust was a revocable trust with your father as a lifetime beneficiary, the trust is responsible for all debts of your father. The trust does not act as an asset protection device. If the trust was not created by... View More

Estranged? I assume you are still married? Was a divorce or legal separation pending? The answers to these questions s determine your rights.

Assuming you are married and no pending legal action, you are entitled to petition the probate court to open an estate. You are entitled to one-third... View More

It depends on the specific language contained in the will. If your grandfather's will states that his children receive the inheritance per stirpes, then the children of your mother would receive her share in equal parts. If the language in your grandfather's will states that his children... View More

First, check to see if the deed was held as joint tenants with right of survivorship. If it was, the property passes to you outside of probate. You will need to file an affidavit showing that your husband has passed away and title to the property vests in you. If the deed was not joint tenancy with... View More

Those waivers only relieve the administrator from filing the specific reports and bonds. It does not mean that creditors can be ignored if the creditors claim is timely filed or if the administrator had notice of the debt of the deceased person. If the administrator fails to pay a claim or known... View More

The real estate closing attorney will record the power of attorney for you. They will also verify your identity and the enforceability of the power of attorney. You will not need to be present at the time of recording or at the time of closing.

This is a complex issue. Get a Georgia Guardianship/conservatorship attorney. The money you save will be your own.

Georgia law provides that a spouse and children share equally in the estate. If you are the only child, you are entitled to one half of the estate.

Your father had a right to file for year's support which could result in him receiving all property.

You should consult with a... View More

You will need to file a formal Petition for Inventory and Accounting. If you are dissatisfied with what is produced, you can challenge the accuracy of the inventory and accounting provided in the pending probate case. You can also request that a new executor be appointed if there is evidence that... View More

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answered on May 9, 2023

That will be a Future Interests Deed, which requires a very competent GA attorney to draft an enforceable conveyance. It could also be accomplished through a Trust with Future Interest terms. It will be important to declare who will take the property if the conditions are breached. You will... View More

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

Small Estate Affidavits are for $50K or less of personal property. If no assets, why file Probate, especially in Knox County? If any other County has jurisdiction, go there if the Estate must be Probated. With Knox County, you will not want to Probate unless it is necessary. And if the... View More

An elder attorney can help you. The first question I would ask is what are you trying to accomplish with a power of attorney?

If the cousin's mother and your husband's mother both died prior to the cousin's death, then the insurance would pass to the cousin's estate either by will or to her heirs if she had no will. If the cousin's mom or your husband's mom were alive at the time of the... View More

Yes, you can sell the property, but she will have to join in the signing as her life estate as well as your remainder interests have to be transferred to the purchaser. If she is mentally unable to sign, then hopefully someone has a durable financial power of attorney for her so they can sign on... View More