Get free answers to your Probate legal questions from lawyers in your area.
My loved one is receiving hospice care and is nearing the end of her life. She told the family where her will was stored before she became incoherent. The will is in a sealed envelope.
answered on Dec 29, 2024
Yes, it can be opened. Keep the original in a safe place so that it does not get lost or destroyed. Make a copy of the will just in case. If you need assistance interpreting or understanding any of the provisions in the will, schedule a free consultation. The consultation will also prepare you for... View More 
How can I get more time? Mt sister and I don't believe our brother is being fair. I am severely depressed and can't manage my everyday life duties because of it.
If only heirs at law was grown child of deased son who was joint tennents with rights but the property went back to original owner would the grown children of deased have to move after living in home all this years after and before death
And is keeping my elder grandma away from our family and doesn't want my loved one to visit with any of our family. This neighbor was no friends of ours and is after my nannys house and property her own selfish gain.what can we do to get her guardianship removed
Died while waiting for their share?
Then the other name sells with quit claim deed, cheating the dead person's heirs by not informing them that they had an inheritance? How do I get my dead mommas inheritance? Daddy never told us, now I have the warrenty deed with mommas name, and the... View More
answered on Dec 6, 2024
It depends on the terms of the divorce decree and the way the deed was written. Whoever was entitled to the property in the divorce decree can sell it under most circumstances. Schedule a free consultation so an attorney can review the divorce decree and the deed.
I have no sisters and my only brother died recently. He had no children and was never married. He lived at my moms house which is still in her name. She passed away a few years ago and my father passed long ago. There was no will. I need to get her property transfered to me. Its all bought and paid... View More
answered on Nov 20, 2024
Depending on how long ago your mother died, you may be able to file an affidavit that shows you as the only heir which would allow you to manage the property and sell it. If that is not an option, you can file for no administration necessary with the probate court since you are the only heir. Once... View More
How was this overlooked by three lawyers and a judge? It seems that something so basic would be confirmed by any attorney. Why would my case be transferred to a new jurisdiction?
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answered on Nov 15, 2024
If the will is not filed for probate it means nothing. Hire a GA attorney to represent your interests.
My grandfather's property on his land tax accessor online went from owner: state of so and so then to owner: estate of so and so with ATTN so and so rite under it..... What does that mean???
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answered on Nov 6, 2024
That is the tax assessor's on line chain of title, which may or may not be correct or complete. Hire a GA attorney to search the title and explain to you the title.
answered on Oct 29, 2024
If the tenancy was intended to be joint tenancy and not tenancy in common, survivorship rights should be automatic. If that is the case, the only thing necessary to vest title in the survivor would be a Affidavit of Survivorship and a copy of the death certificate. A complete review of the deed... View More
Father dies in 2018 as joint tenant without ros with mother who died in 2024. Nothing has been filed with probate yet. I am the only biological child and have 2 older half brothers (from mom's previous marriages). Do I inherit half of my fathers interest in the home or is it divided between... View More
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answered on Nov 16, 2024
Joint tenant WITHOUT rights of survivorship is tantamount to a tenant in common which means the owners' ownership interests may vary.
Your facts need to be clarified a little more to answer your question comprehensively. For example, was your dad married to someone other than your... View More
Will he get gain time in PDC for those extra days/months that he sits in jail waiting to be transferred?
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answered on Oct 24, 2024
You need to repost your question under Crime in GA.
I am the executor of her state and have gone through probate but did not change the name at the time. I live in Florida, my mom's house in in Augusta ,Ga
answered on Oct 22, 2024
It depends on where probate was completed. If probate was completed within the State of Georgia, you will only need an executor's deed to transfer the property. If the probate was completed outside of the State of Georgia, you will need exemplified copies of the letters testamentary and will... View More
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answered on Oct 11, 2024
When you receive a survivor benefit with federal tax withheld, you might be eligible for a refund when you file your tax return. Whether you get a refund depends on your total income and the amount of taxes you owe for the year.
When you file your taxes, the federal taxes that were withheld... View More
My mother died intestate leaving only a car and saving/bonds/stocks/IRA's worth a large sum of money. The 4 children have all agreed that one brother can act as an administrator. Should I consent to grant all powers to him like his attorney suggests? Waiver of bonding, waive reports to the... View More
answered on Oct 11, 2024
Where you live is immaterial. Where the estate is being opened is what matters as that state's laws will govern the administration of the estate. Whether you should consent to granting powers, excusing reporting and not requiring a bond all comes down to trust. Is your brother going to do the... View More
answered on Sep 14, 2024
It depends on whether the bequest was given in the will per stirpes or per capita. If per stirpes, the gift flows to the lineal descendants of the beneficiary - children, grand children, great grandchildren, etc. If there are no lineal descendants, the bequest goes to the residuary beneficiary in... View More
answered on Sep 5, 2024
An objection to a will is known as a caveat. A prenuptial agreement, which is a contract between two parties, may affect the assets that are included in the estate. If there are items in the prenuptial agreement that should not be included in the estate, the rightful owner will need to file a... View More
answered on Sep 2, 2024
Yes, any heir may retain counsel prior to the passing of the individual that the heir may inherit from. If you anticipate that the estate may be contested, it would be in your best interest to retain counsel yourself.
Schedule a free consultation to make sure that your inheritance is protected.
Is there case law in which an estate was required to pay alimony arrearages?
answered on Aug 29, 2024
Alimony can be claimed against an estate. The priority of alimony is set by statute, OCGA 53-7-40. Alimony falls under judgments and is 6th in priority under the statute.
I am in touch with the deceased owners son who is willing to sale. We just need to figure out the deed and we are ready to move
answered on Aug 29, 2024
To change the name on a deed from a deceased person to facilitate a sale, a legal process such as probate is typically required. Probate is necessary to transfer ownership from the deceased to their heirs or beneficiaries. Once probate is completed, the executor or personal representative can sign... View More
There is a lot of information to write down. The situation in short is my family member is dead. His girlfriend broke up with him, according to a documented police report & body cam footage, the night he died in an accident. She now provides a Living Will (Not Will & last testament) printed... View More
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answered on Aug 22, 2024
Please note that I am not admitted to practice law in Georgia, but I found this information through a brief Google search, and the requirements in Georgia are similar to those in most states. In Georgia, for a will to be valid, it must meet specific requirements, such as being in writing, signed by... View More
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