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

If your issue is the bank accounts of the decedent, then let the relevant banks know the decedent has died. Do this in writing as well as in person or on the phone. This should freeze these accounts. If you need to get someone accountable for managing the estate, probate the estate yourself, seek... View More

It is possible. Every attorney charges different fees. Some collect fees before beginning work. Others collect at the end. Some charge contingency fees. Others bill hourly and dome charge a flat fee.

It will depend on the size and liquidity of an estate. For instance, if the estate is s... View More

If it has been more than 6 months since your brother took charge, you can ask for an accountant for the estate. If one is not provided or is insufficient, you can petition the probate court to remove your brother for breach of fiduciary duty. See a probate attorney for assistance.

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

Probate court files are public records. You can walk into the court and ask to look at the file and make copies. Or you can hire a lawyer to review the file for you and give you advice about things you can do to obtain information.

I'm sorry to hear about your situation. In order to determine your son's rights in this situation, it would be best to consult with an attorney who is knowledgeable about probate law and estate planning in the state of Georgia.

Generally speaking, if your ex-husband had a valid... View More

In Georgia, adoption generally terminates the legal relationship between a child and their biological parents, including any rights to an inheritance from the biological parents' estates.

This means that if your nephew was legally adopted by his stepfather, he likely would not be... View More

The laws concerning inheritance and whether you are an heir are very confusing. Legitimation is not required by law, but you have to be able to prove you are a child of the deceased, either through DNA testing or some other accepted means of proving your heirship. If you have already had a trial... View More

Unfortunately, it all depends on what the Will says do and how much discretionary authority the Will gives him. Without reading the will, I cannot answer the question. However, you have the ability to file a Petition for Settlement of Accounts after he has been in charge for 6 months. This will... View More

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Will names your sister as "guardian." Perhaps you mean executor? I think I would be more worried about what is in your father and mother's estate and how to get your fair share of this, rather than weather or not you can sue a bank.

See or call a Georgia Estate attorney.

If you and your siblings cannot agree regarding the reimbursement, this will be a question that must be presented to the probate court. You would present your case as a subsequent creditor of the estate for estate debts incurred and seek reimbursement. The documentation you have will be helpful in... View More

See an estate lawyer in Georgia for help. Presumably, a court has appointed an executor. If you have a problem with how an executor is handling an estate, the usual first step is to demand an accounting of the estate.

Sounds complicated. See and likely pay an estate attorney. The money you save will be your own.

Jammie Taire Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2023

Good Evening:

We really need more information to fully answer this question; however, remember the GAL does not decide the validity of the will, that is left to the Judge. The Judge takes into consideration the opinion of the GAL but it is just that, an opinion.

I’m not sure I understand the question, but if he was killed at work, workers’ comp benefits were paid as was required by law; it doesn’t sound like a case to be “won” necessarily (comp is “no fault) but just paid as the Act says to. Whether he had bills or debt isn’t relevant.

If there is no will and your sister wanted to be placed in charge of your deceased parent's estate, she would petition the probate court (2 petitions) in the county where your parents lived when they died and ask to be placed in charge of their estates (Administrator).

If your sister... View More