Get free answers to your Estate Planning legal questions from lawyers in your area.
Couple was living separately for 10 years, have no children, and the decree provided ~50/50 split of assets. Does the surviving spouse still have all the rights as a primary beneficiary if the other spouse dies intestate? Next of kin are surviving siblings.
answered on Mar 7, 2022
If a couple is living under a separate maintenance agreement when one of them dies, the couple is considered married for all purposes of inheritance. hose rights however can be altered by the terms of the separate maintenance agreement.
US citizen (Georgia resident at time of death) had a land in France. He had a will but that specific property was not included in Will. What inheritance law applies to this property? Georgia law or French law? I would appreciate if you quote the georgia law section that mentions that.
Many Thanks
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 3, 2022
The Residuary Clause of the Will includes non-devised real property. So the Residuary Beneficary owns the land. You will have to hire a French attorney to cure title there, but I am sure a certified copy of the Probated Will is necessary for ancillary administration.
answered on Feb 23, 2022
Are you referring to ensuring lawyers are legal to practice in the state? You can call the state bar to make an inquiry regarding that. They will also tell you if there are complaints against an attorney.
My sister has agreed to pay me, but now that we are in probate, I don't know if I should send a "bill" or not.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 10, 2022
I would first like to extend my sympathy regarding the loss of your father. The short answer to your question is yes. You should file a claim against the estate in probate. Sending out a "bill" to your sister is not sufficient. In order to protect your claim a properly filed claim... View More 
Originally it was owed by his Father. When he died it went to his Mother and when she died it went to his Stepfather. My husband didn’t get along with his Stepfather so I was surprised when his Stepfather gave him stock. Now that my husband and I are divorcing, is the 100K considered... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2022
No one can give you an exact answer, but it is possible that the money was converted to marital property when it was placed into the joint account. Speak with an attorney about your case so they can review your documents and give you specific advice.
I have notarized POA on my Dad, drawn up by attorney in 1992. He can no longer sign checks and bank won't honor POA as is. How do you certify it with court? It is a properly notarized document already.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 3, 2021
Your question cannot be answered without reviewing the POA to try to determine what exactly the bank might be concerned about. It is possible that the POA only becomes effective upon incapacity, and so the bank wants proof of incapacity of your father. It that is the case, you need to get a... View More
My mom had no will.She has no estate or assets besides her car. My sister says i can have the car. do we need to probate?
answered on Nov 6, 2021
How do you plan to get title to the car? You may still have to do a small estate probate. Did your mom own any real estate? I suggest you do a consultation with an estate attorney.
Ellen Deutsch Taylor
727 365-3121
Will is Gordon County and Probate is in Cobb.
answered on Oct 10, 2021
I assume the Will is on file in the Gordon County Probate Court and the person who died is in Cobb County? If so, file your petition in Cobb and ask the court to contact Gordon County to have the will sentr to Cobb .
answered on Oct 10, 2021
I am not an attorney in GA but more info is needed to answer this question. State law governs the estate of a deceased person. The type of information needed to answer this question would be, was there a will/trust left behind, what does the will/trust say, and who are all the heirs and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 8, 2021
You will need to hire an attorney to pursue the policy benefit. It may require a Probate or an Affidavit as who the Next of Kin are. Filing Suit for Breach of Contract and Bad Faith, with a Complaint to the Insurance Regulatory Agency for the State, may all be necessary.
There was an original will and everything was to be divided equally between us 3 but now it’s only her name to have his estate.
My dad did pass away 11/2020. My other sister and I filled A grievance with the probate court over they will.
answered on Oct 7, 2021
While you do not ask a question, I assume you want to know what to do. Until your father passes away and his will is offered for probate there is nothing you can do. Once the will is offered for probate, you should challenge the will by filing a Caveat to it in the probate court where the will is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2021
If nobody claims the account within a certain period of time (which varies by state and financial institution but is usually around 3 years), then the bank will remit the funds to the state treasurer as unclaimed property.
My baby brother needs a vehicle. He asked my sister about moms car. And she said $1000. Is this correct.
answered on Sep 19, 2021
Your sister must follow the will. If there is no Will, then the court will have to appoint an Administrator to handle the estate. The court will appoint whomever the majority of heirs selects to be administrator.
We reside in Georgia.
answered on Sep 10, 2021
If you have a will leaving everything to your wife, she will inherit your inheritance. Otherwise, it is divided between your wife and your children.
"Heir" is deceased. Family decided widow is not a legal heir, so descended to children. Family insists property MUST be held jointly, giving control to one child, avoiding any input from other heir.
answered on Sep 4, 2021
First of all, the exact language in the will controls. Usually, just one sentence from the will is not sufficient to interpret the will. That said, the spouse is an heir, and is the primary heir. Assuming multiple children exist as heirs, they all stand on equal footing and the property should be... View More
Life estate tenant has own homeowner dwelling policy, listed as insured full dwelling coverage on home and property, but remainder men are not covered at all. Is it legal that we can purchase our own policy to protect our interest?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 23, 2021
There is nothing illegal about the remaindermen being insured for property loss. But you will have to carefully find a willing insurance company that will inure a dwelling in which there is an occupany that is not the insured. When you get the policy, read it.
Living there on and off for a year and has mail come there.
answered on Jul 20, 2021
If it’s legally your house then you can have him evicted. You will need to go the legal route to do so.
Is the Power of Attorney assignable? Is there another way to legally appoint someone to see to my affairs for my husband who isn't able?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 16, 2021
No, the agent’s authority under a power of attorney is not assignable or delegable. The best solution would have been for your husband to have named a successor agent in the existing power of attorney. Chances are, however, it is too late for that because he lacks capacity. If you pass most... View More
I am requesting a "estimate quote to have a lawyer draft up a Qualified Income Trust for Long-Term Care (i.e. Medicaid). I have a "Durable Power of Attorney for Finances", a "Durable Power of Attorney for Healthcare" and a "Will" for my mother. My mother has two... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 12, 2021
Attorneys are not allowed to provide direct quotes via this forum. You need to contact an attorney directly for a quote. A quote is normally not given until after a complete consultation. This is similar to a doctor not providing treatment until after a consultation and examination.
A... 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.
