Get free answers to your Estate Planning legal questions from lawyers in your area.
My spouse and I’ve been reading about how malicious guardians take advantage of people using ex-parte orders to become legal guardians and then drain the estate.
We’re planning to make a comprehensive durable power of attorney document giving POA to our children and other family... View More 
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answered on Feb 20, 2021
A will only controls disposition of assets after the maker of the will passes. You will need a trust to accomplish what you want, and you will need to transfer your assets to the trust. This is a long way from being a do-it-yourself project. You should hire an estate planning attorney to help you.
Daughter and husband already live in home and they would pay remaining balance of mortgage. They keep the house and we can remain there as well until we die; he is a medical nurse to assist in our senior care. We want to refinance and take a small home improvement loan out on the new mortgage. In... View More
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answered on Feb 13, 2021
PLEASE do not do this without the assistance of an experienced elder law attorney. Your plan is fraught with peril. Many before you have gone down this path much to their regret. There are too many things that could go wrong to list, so I will just list a few. Think about what happens if they... View More
The administrator of the inherited land me and my sisters are beneficiaries over is coming up for closing this Friday and the administrator which is my aunt told us that we will not be getting the full amount of the gross of sale until she speaks with the CPA on a tax situation
answered on Feb 11, 2021
It seems that the Administrator is doing her job. It is her job to make sure all creditor claims are satisfied before distributing money to you. However, if you feel she is dragging her feet, you have a right to demand a settlement of accounts in probate court.
answered on Feb 9, 2021
The estate would likely go to probate and a judge would make decisions regarding the assets. Consult with a probate attorney who can help you with the process.
And his name is on the deed to hers as well. His cousin moved in with her about a year ago and was only suppose to stat a few months but here we are a year later. My question is, is my husband allowed to kick him out because he won't be paying for power and such and we don't want the... View More
answered on Feb 1, 2021
No, he can not just kick the cousin out, unfortunately. He will need to go through the proper legal channels to have the cousin evicted.
my husband died and I assumed the house went directly to me. but I'm not sure. I want my brother to get the bulk if not all of my estate. my deceased husband and I have 1 living daughter left but her and her husband have been contacting other parties behind my back about purchasing my home,... View More
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answered on Jan 25, 2021
First, hire an estate planning attorney. Seriously, if this is that important to you, hire an attorney to make sure it is done right. Hire a specialist, not an attorney who dabbles in estate planning. Most likely the attorney will recommend a trust, a durable financial power of attorney, a medical... View More
Removed all contents and closes safety deposit box account out. Which included an original copy of a amended will and vehicle title. The following day, the suspended executor transferred vehicle title from the descendants name into his, providing the DMV with the same invalid court docs.
answered on Jan 18, 2021
Since you didn't ask a question, I'm not sure what you need. The facts sound horrible and the executor can easily have a judgment entered against him. I don't understand why there is a codicil to a will still floating around when the court had already issued Letters Textamentary to... View More
Is there a way to legally obtain the information (details) of the trust?
answered on Jan 5, 2021
You do have rights as the beneficiary of a trust. The trust is governed by the laws of its "situs" (that basically means the domicile of the trust). Assuming it is Georgia, one of the code sections addressing your ability to obtain information is... View More
Is there a time limit or way to obtain the details of what is on the trust and what I am entitled to?
answered on Jan 6, 2021
You should consult with a probate attorney who can review the facts of your case in detail and provide you with guidance.
answered on Dec 6, 2020
My firm handles only probate issues including real estate issues arising from the death of someone. Give us a call on Monday. 770-469-8887.
In question is mom house!
Will Stated that they should not receive anything from her estate if a wrongful death suit was filed with would they Able to get something from the reward
answered on Nov 30, 2020
A Georgia attorney could answer best, but your post remains open for four weeks. This sounds like a complex setting where an attorney might need to see how the pleadings were drafted to offer meaningful input. You could reach out to Georgia attorneys to discuss terms for a brief initial consult.... View More
Also she had no kids
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answered on Oct 20, 2020
Yes, your aunt's daughter is considered an heir, but the matter of who inherits depends on whether she had a will. If she had a will that determines who inherits. If she did not have a will, then the laws of intestate succession apply. If your aunt was unmarried when she died then her... View More
At one time she was extremely well off but over the years her health declined and no one knew what she had in accounts or banks. How can we find out if she had any bank accounts or any safe deposit boxes? There is a lot of unanswered questions about where her money and assets went over the years.
answered on Oct 8, 2020
You will want to consult with a probate attorney who can review the case and help you plan the proper course of action to investigate this. -Homer P. Jordan IV, Esq. 404-620-1558
My grandfather passed away in 2007, and leaves real estate to all his children and to the offsprings of a deceased daughter who was already dead at time will was written.
This will is now in probate and three children of my grandfather are now dead. Because the will originally bequeathed... View More
answered on Sep 25, 2020
I don't like not giving advice when someone writes in and ask for it, but your questions are too complex to give a general answer to. A lawyer experienced in probate law needs to examine all the wills and the dates of death of all concerned to give you a firm answer as to who is entitled to... View More
He never changed me as the beneficiary am I legally able to collect?
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answered on Sep 4, 2020
No.
Is the new tractor part of the will even though it was bought after the Will was made? The older tractor was sold many years ago. The will just says tractor and has no identification number or make and model.
answered on Aug 29, 2020
If the will says, " X gets my tractor. ", then X gets tractors owned by grandfather at his death. It doesn't matter when the tractor(s) were acquired.
I have lived with her at her house since the 70's. I have paid the taxes every year and taken care of the property. She passed away in 2001. Since there is no will and the other siblings will not agree. Can I do an adverse take over or color of code. Is there anything I can do since I pay the... View More
answered on Aug 25, 2020
Probably not. You are going to have to open her estate and then have a battle with your siblings about who gets the house, who gets reimbursed for paying bills related to the house, who owes rent for living in the house, etc. This will be very complex litigation and could be quite costly. Be... View More
What kind of documentation do I need legal aid signing off on the estate
answered on Aug 25, 2020
You do not have to sign off on anything. You simply do not accept whatever someone is trying to give you.
2 elderly parents, 3 siblings in all. GA. Parents are leaving real estate, investment holdings into 3 trusts for each kid. Eldest sibling is executor. Problematic relationship with the family. I have some debt, but also quarterly income from film and TV music I've written/produced for the past... View More
answered on Aug 17, 2020
You would need to contact an attorney who specializes in probate matters, to include wills and trusts.
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