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Need the code which states an only child must provide three affidavits stating the person is indeed an only child
answered on Jun 25, 2021
Not saying you will find it, but the Probate section of the Official Code of Georgia Annotated (OCGA) can be found here:
https://law.justia.com/codes/georgia/2019/
My brother didn't have a will. He was still legally married, but his wife moved out of their home in 2015. My father moved in to physically care for him in 2016, due to declining health. I began helping him manage his small trucking business. He had me write the check and sign his name,... View More 
answered on Jun 24, 2021
Who is “she” that you are referring to? The ex who left him in 2015? Your question is a little confusing. You may want to consult with attorney who can review the facts and provide you with guidance.
Prior to them consulting the ward. Law states that 60 days after appointed over ward either by hand delivered or date stamped mail they are to sit with ward listen to them & inventory assets. They have not even contacted ward & 60 days are up however she closed all the accounts leaving... View More
answered on Jun 14, 2021
yes as to closing accounts. Call conservator and make an appointment for ward to visit. Share your concerns at that meeting. Get a budget established. If all else fails, contact probate court.
And is that considered the 60 days from served documents the notice put shows no letters from the courts that were to be mailed or hand delivered? Conservator hasn't as much called or anything to see what he needs but closed all His accounts leaving him w no $ not even being to get gas to... View More
My father passed in feb and my sister came up with a new will after 20 yrs of the old one being in place back in dec do i get anything and how do i find out if that will my sister has is real or not.
answered on Jun 1, 2021
If she tries to get the will admitted for probate, you can attempt to contest it, if you have valid reasons to believe he was under duress or not competent when it was executed.
answered on May 27, 2021
It would be wise to consult with an attorney who can review the facts of your case in detail and provide you with guidance. We would need to know more about this case in order to provide you with guidance
answered on May 24, 2021
If the will is being probated, you should receive a notice of the probate.
my grandad passed and left in his will everything to his wife which was our step grandmother. She passed a few months before him and my grandad left her son-n-law executor. He is telling me that since she is no longer here it will go to her kids instead of us grandkids that are blood. Is this... View More
answered on May 10, 2021
This is a difficult question to answer. It all depends on exactly how the will is written. Generally, the bequest to thee wife will go to the contingent beneficiaries, but not always.
My father has been deceased for 19 years. My step-mom want to exhume his body and cremate him. I am his daughter and I want to see if I have any legal rights to stop her?
My step-mom is currently remarried. Her reason is she doesn't want him there (she pick the place) and she... View More
answered on May 6, 2021
As you might imagine, we don't see this issue come up every day. Without doing much research on this, I am providing to you a statue (law) which might mean your mother could be charged with a felony for doing this.
++++++++++++++
OFFICIAL CODE OF GEORGIA ANNOTATED
§... View More
Will states: he be relieved from giving any bond & making any inventory, appraisements nor returns of any kind whatsoever to any court.
Is there any way he could transfer the house to the estate & sell it without notice? The executor is not a family member and has not acted in good... View More
answered on May 2, 2021
Because the will excuses the executor from a bond or accountings, the executor still must meet his fiduciary duties. If you feel the executor is not properly performing his job, you should retain an attorney to assist you with enforcing your rights as an heir and beneficiary.
answered on Apr 23, 2021
A house would typically be considered marital asset, and it was likely both hers and her husband’s. We would need to know more details to provide additional information specific to this situation.
answered on Apr 21, 2021
Any changes to a will must be executed in the same manner as the original will. You will need witnesses and a notary.
They are not legitimate through Superior Court are they heirs? The courts asked for a list of siblings I only gave my whole brothers and sisters but the ones born out of wedlock started calling and got on the probate Court Records as heirs how is this possible. I'm the administrator but... View More
answered on Apr 13, 2021
As Administrator, it is your job to file a Petition to Determine Heirs. Each person who thinks he is an heir will have to prove to the judge how he is an heir. This type of action is best handled with attorney assistance.
In our upcoming retirement, we are considering refinancing our home as a joint mortgage including our daughter and husband. If in the future there is a financial judgment against our daughter or husband, for whatever reason, is the entire home value considered or only their share?
answered on Mar 18, 2021
There are many other pieces of information we would need to provide a competent response. That said, you would not want to include the daughter and husband on the mortgage. Why would you unless they, too, are going to be co-borrowers? Perhaps you are thinking about putting them on the d-e-e-d... View More
What do I do to get it back? He died in that bed with me.
answered on Mar 15, 2021
My condolences regarding your fiancé passing. You may want to try asking her nicely if you can have it simply because it has sentimental value to you.
For example the father passed he had no living relatives but two children. child one says they knew about a will but it is no longer there, the court system has no record of any will being filed. Child two payed for the funeral funds as well as has some of the deceased persons property. Child one... View More
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answered on Mar 4, 2021
Without a Will being probated, the Decedent died intestate. His heirs at law are the owners of the land, as tenants in common of undivided interest. Hire an attorney to determine heirship, file an Affidavit of Heirship, and possibly draft a Deed for the other heirs to transfer to one heir.... View More
He was not named in the will. Am i entitled to inherit anything from my grandmother's estate as heir at law?
Also, am I required to sign the petition to probate will?
answered on Mar 2, 2021
You should consult with a probate attorney who can review the facts of your case in detail and provide you with guidance.
But the attorneys are telling me that i filed it into a trust how do you file with placing it into a trust? Is there another system that we would have to go through? My client is wanting to sale her home but she has 11 siblings and her mother is the executor of the estate. The attorneys are... View More
answered on Feb 26, 2021
You have referred to the owner as being "my [your] client." If you are representing someone in a legal matter you must be properly licensed to practice law in the state of Georgia. Only licensed attorneys may do what you have described. You should be very careful as you decide your... View More
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answered on Feb 23, 2021
There is no standard rate for estate planning, and every estate plan is different, so fees can vary quite dramatically. The only way to find out is to consult with actual estate planning attorneys in your area.
I would also caution you not to be penny wise and pound foolish. You get what... View More
Wills are used to distribute assets in one death
Living trusts require you to transfer assets to their name to protect and distribute them.
Power of attorneys allows people to handle your medical and financial decisions should you become incapacitated.
I’m trying to figure... View More
answered on Feb 20, 2021
You can do what you want be making the power of attorney durable and specifically giving your poa the power to transfer property to a trust.
This will work long as no one challenges any of your documents
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