Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023

Loan assumptions absolutely do not transfer title. You probably need a probate for that, but this is state-specific and you did not say what state the property is in. You also did not say whether the property is residential or not, and that matters too.

Lenders are all too happy to accept... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 21, 2023

No, a temporary administrator does not have the authority to determine who can live in the deceased's home or who needs to be evicted. This is because a temporary administrator is only appointed to manage the estate of the deceased until a permanent administrator or executor is appointed. The... View More

You have two options: 1) file a formal administration, or 2) file a petition for no administration necessary. Since he did not have a will, formal administration would be necessary if the creditors do not agree to the no administration necessary. Some or all of the assets may not be subject to... View More

If you have an attorney you should speak to your attorney about any changes the opposing attorney has attempted to make after mediation ended. If you are representing yourself you could file to enforce the mediated agreement. But there is not a form for that. If a final order was drafted by... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2023

If you've been informed by Fidelity that you are entitled to benefits following your father's passing, but it has been six weeks and the benefits have not been disbursed, it's advisable to follow up with Fidelity to check on the status of your claim and the reason for the delay. You... View More

Your husband's will needs to be probated. After it has been probated, the executor should provide the royalty administrator with a copy of the will, the death certificate, the letters testamentary, and a request to transfer the royalties to you. Once that has been done, the royalty... View More

You can send a request to amend the death certificate to the Department of Public Health. If a funeral home was involved with the arrangements following the death of your father, they may be able to assist with the correction. If you need additional help with probate, schedule a free consultation... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 9, 2023

You probably need to hire a GA attorney to represent you.

Since your stepfather died first, you should have received 50% of the home subject to the mortgage.

If your stepfather’s estate didn’t make other arrangements to pay off the mortgage, you and your mother likely would have had to refinance to pay off that mortgage, with you and your... View More

Anthony M. Avery Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 25, 2023

You will have to consult with a GA attorney. Whether the Will was Probated or not is important.

Most real estate attorneys can handle a barment. However, without also filing a suit to quiet title, you will not be able to pass marketable title to a purchaser of the property. Schedule a free consultation to ensure the barment is done correctly.

You will most likely need to probate the will in solemn form. If you are also named as the executor, once you are appointed as executor with letters testamentary issued, you can then transfer the property into your name once the creditor claims period has expired. You can also manage insurance and... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2023

The calculation and availability of survivor benefits in your dad's pension plan would primarily depend on the specific terms and provisions of that plan. Typically, pension plans offer survivor benefits to spouses and, in some cases, other designated beneficiaries.

To understand the... View More

T. Augustus Claus Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 12, 2023

In the state of Georgia, a surviving spouse may have the possibility to collect the unpaid unemployment benefits of a deceased husband under specific circumstances. One crucial factor is the duration of the marriage, and a marriage lasting over ten years could potentially meet the eligibility... View More

There are no forms for objections or caveats in Georgia when contesting probate. It would be wise to consult an attorney prior to filing so that you don't end up getting yourself in trouble.

In order to be self-proven, a will or a codicil has to have a self-proving affidavit attached to it pursuant to OCGA 53-4-24. Since the codicil in question does not have a self-proving affidavit, interrogatories to the witness must be produced to confirm to the court that the will was signed as... View More

Nina Whitehurst Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 16, 2023

Yes, you can transfer your property to your trust. All that is required to effect the transfer is a deed.

The real question is what are the consequences if/when your lender finds out. The answer to that question depends on whether the property is residential or non-residential and whether... View More

It depends on the wording in the will, but generally, yes, it can change and often does - children, siblings, nieces, and nephews get disinherited when a parent remarries and leaves everything to the new spouse. Schedule a free consultation so that your aunt's will can get reviewed to see what... View More

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

You can ask the Probate Judge to set a lower fiduciary bond. But usually someone else that can qualify for that bond requests to become administrator, sometimes an attorney. You may be including items which are not part of the Estate. Consult with a GA attorney that knows Probate, and you can... View More